Issue: Under federal law, what are the standards for properly pleading a cause of action for fraud and RICO claims?
Area of Law:
Criminal Law, Litigation & Procedure, Personal Injury & Negligence
RICO claims; Fraud claim; Standard
551 U.S. 89; 116 F.3d 1364
Federal Rule of Civil Procedure 8(a)(2), Rule 9(b)
The generally applicable principle is found in Federal Rule of Civil Procedure 8(a)(2) TA l "Federal Rule of Civil Procedure 8(a)(2)" s "Federal Rule of Civil Procedure 8(a)(2)" c 4 which requires only “a short and plain statement of the claim showing that the pleader is entitled to relief.” “Specific facts are not necessary; the statement need only ‘give the defendant fair notice of what the … claim is and the grounds upon which it rests.'” Erickson v. Pardus, 551 U.S. 89, 93-94, 127 S. Ct. 2197, 2200, 167 L. Ed. 2d 1081, 1085 (2007).
Of course, to the extent the RICO claims are a type of fraud claim, they must be pled with the increased level of specificity required under Rule 9(b). American Dental Ass’n v. Cigna Corp.,605 F.3d 1283 (11th Cir. 2010) TA s "Am. Dental Ass’n v. Cigna Corp. (11th Cir. 2010)" . Pursuant to this standard, a plaintiff must allege: “(1) the precise statements, documents, or misrepresentations made; (2) the time, place, and person responsible for the statement; (3) the content and manner in which these statements misled the Plaintiffs; and (4) what the defendants gained by the alleged fraud.” Brooks v. Blue Cross & Blue Shield of Fla., Inc., 116 F.3d 1364, 1380–81 (11th Cir.1997) TA l "Brooks v. Blue Cross & Blue Shield of Fla., Inc., 116 F.3d 1364 (11th Cir.1997)" s "Brooks v. Blue Cross & Blue Shield of Fla., […]
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