Opinion · Supreme Court of the United States

Spradlin v. United States

446 U.S. 946

Type
Opinion
Court
Supreme Court of the United States
Jurisdiction
Federal
Date
1980-05-12
Topic
general

finding that complaint satisfied Rule 9(b) by referring to specific dated documents, i.e., the Form 10-K, press releases, and annual reports, alleged to be misleading | “there is a duty to correct or revise a prior statement which was accurate when made but which has become misleading due to subsequent events.” | Rule 9(b) met by referring to specific dated documents, such as Form 10-K, press releases, and annual reports, that were claimed to be misleading | “It is reasonable to require that the plaintiffs specifically plead those events which they assert give rise to a strong inference that the defendants had knowledge” | "logic compels the conclusion that time may render statements immaterial” | "The requirement of particularity does not abrogate Rule 8, and it should be harmonized with the general directives ... of Rule 8 that the pleading should contain a 'short and plain' statement of the claim or defense and with each averment should be 'simple, concise and direct.' Rule 9(b | "The requirement of particularity does not abrogate Rule 8, and it should be harmonized with the general directives ... of Rule 8 that the pleading should contain a 'short and plain’ statement of the claim or defense and with each averment should be 'simple, concise and direct.’ Rule 9(b

Citator

Cited by
153 opinions

C. A. 4th Cir. Certiorari denied.

Mr. Justice Powell took no part in the consideration or decision of this petition.