No. 19-457

Xia Bi, et al. v. Terry McAuliffe, et al.

Lower Court: Fourth Circuit
Docketed: 2019-10-08
Status: Denied
Type: Paid
Tags: circuit-split civil-procedure federal-rules-of-civil-procedure fraud fraud-pleading misrepresentation pleading reliance reliance-element rule-9b standing
Key Terms:
ERISA Securities Immigration JusticiabilityDoctri Jurisdiction
Latest Conference: 2019-12-06
Question Presented (AI Summary)

Whether Rule 9(b) of the Federal Rules of Civil Procedure imposes a particularity requirement for pleading the reliance element of common law fraud claims

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether Rule 9(b) of the Federal Rules of Civil Procedure imposes a particularity requirement for pleading the reliance element of common law fraud claims. 2. Whether foreign investors’ exclusive reliance on misrepresentations contradicting English-language investment memoranda renders their reliance unjustifiable as a matter of law. 3. Whether company statements are attributable to the executives that are in charge of the company’s daily affairs.

Docket Entries

2019-12-09
Petition DENIED.
2019-11-20
DISTRIBUTED for Conference of 12/6/2019.
2019-10-03
Petition for a writ of certiorari filed. (Response due November 7, 2019)

Attorneys

Xia Bi, et al.
Marina Vladimir BogoradGerard Fox Law, P.C., Petitioner