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Do Rule 9(b)’s Heightened Pleading Requirements Apply to Negligent Misrepresentation Claims? — Three-Way Circuit Split

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Lakeshore Eng’ring v. Richmond Utilities Board, 2014 U.S. Dist. LEXIS 34223 (E.D. Ky. Mar. 17, 2014):

HDR is correct in concluding that Rule 9(b) applies to state-law negligent-misrepresentation claims brought under Kentucky law. In Republic Bank, the plaintiff brought claims of both fraud and negligent misrepresentation. Although Rule 9(b)'s "heightened standard unquestionably applies to [the plaintiff's] fraud-and-deceit" claim, the court in Republic Bank noted that "[i]t is less clear whether Rule 9(b) also applies to [the plaintiff's] common-law negligent-misrepresentation claim." Id. at 247. This lack of clarity arises, according to the court in Republic Bank, because of a complex split among the federal courts of appeals on the issue. See id. (comparing cases). See also Kimball Dean Parker, Comment, A Historical Approach to Negligent Misrepresentation and Federal Rule of Civil Procedure 9(b), 80 U. CHI. L. REV. 1461, 1474-1480 (2013) (describing a three-way circuit split regarding the federal pleading requirements for negligent-misrepresentation claims).

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New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.
New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.

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