Andrea Likwornik Weiss publishes “When Rule 9(b) Applies to Non-Fraud Claims” in the New York Law Journal.
In an article in the New York Law Journal published October 9, 2012, titled “When Rule 9(b) Applies to Non-Fraud Claims,” LLF Partner Andrea Likwornik Weiss analyzes recent decisions in the Second Circuit regarding the application of the strict pleading standard of Federal Rule of Civil Procedure 9(b) to non-fraud claims that “sound in fraud.” Ms. Weiss details the ways in which courts have determined that claims sound in fraud despite being pled as non-fraud claims -- such as claims that rely on allegations of materially false statements or deliberate misrepresentations. She argues that attorneys should pay close attention to the applicability of Rule 9(b) as the stricter standard of pleading is often outcome determinative. Ms. Weiss also provides several tips for practitioners looking to invoke (or avoid) the pleading standard of Rule 9(b). Catherine Hardee and Greg Feit, LLF associates, assisted in drafting the article. A reprint of the article is available for download here with permission of the New York Law Journal.