Is a pleading under Rule 9(b) heightened pleading standard sufficient to avoid unnecessary discovery?
MultiRegion, United States of America
The following excerpt is from Foos v. Bank, No. CIV S-10-2198-FCD-CMK (E.D. Cal. 2010):
Rule 9(b)'s heightened pleading standard "is not an invitation to disregard Rule 8's requirement of simplicity, directness, and clarity" and "has among its purposes the avoidance of unnecessary discovery." McHenry v. Renne, 84 F.3d 1172, 1178 (9th Cir. 1996). "A pleading
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