Commercial Litigation and Arbitration

Securities — Is Pleading of Loss Causation Governed by Rule 8(a) or 9(b)? — Case Law Split

Stein v. Tangoe, Inc., 2014 U.S. Dist. LEXIS 137966, at *82-83 n. 7 (D. Conn. Sept. 30, 2014):

Courts have split on whether Rule 8(a) or Rule 9(b) applies to pleading the loss causation element, but this Court need not address that issue because the Plaintiff has not pleaded sufficient loss causation under either standard. See Acticon AG v. China N.E. Petroleum Holdings, Ltd., 692 F.3d 34, 38 (2d Cir. 2012) (discussing  split in authority).

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