Civil Procedure Keyed to Friedenthal
Denny v. Carey
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- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
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Plaintiff brought a class action on behalf of purchasers of securities against Defendant First Penn. The complaint alleged that Defendant improperly included certain sources of funds as “income,” avoided showing losses by conducting improper foreclosures, not accounting for uncollectibles in real estate loans and concealing the default of loans. Defendant moved to dismiss alleging that the allegations of fraud in the complaint do not comply with the particularity required by Rule 9(b) of the Federal Rules of Civil Procedure.
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