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Do the Heightened Pleading Requirements of Rule 9(b) Apply to Negligent Misrepresentation Claims? — Circuit Split

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Armour Capital Mgmt. LP v. SS&C Techs., 2018 U.S. Dist. LEXIS 43280 (D. Conn. Mar. 16, 2018):

This case arises from a contractual relationship between ARMOUR Capital Management LP (ACM), a registered investment advisor focusing on mortgage-related securities, and SS&C Technologies Inc. (SS&C), a provider of financial services software and software-enabled services. ACM alleges in essence that SS&C made misrepresentations and failed to comply with its contractual obligations to implement a new software system for ACM. SS&C now moves to dismiss the amended complaint. For the reasons set forth below, I will grant in part [*2]  and deny in part SS&C's motion to dismiss.

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Negligent Misrepresentation

SS&C argues that ACM's negligent misrepresentation [*18]  claim should also be dismissed under Rule 9(b). Courts are deeply split within this District and elsewhere about whether Rule 9(b) applies to negligent misrepresentation claims. See, e.g., Associated Constr./AP Constr., LLC v. Hanover Ins. Co., 2017 WL 1190363, at *10 n.17 (D. Conn. 2017) (Rule 9(b) does not apply to negligent misrepresentation claims under Connecticut law; citing cases); McCullough v. World Wrestling Entm't, Inc., 172 F. Supp. 3d 528, 561 (D. Conn. 2016) (Rule 9(b) applies to negligent misrepresentation claims under Connecticut law; citing cases); see also Michael L. Roberts, et al., 6 Litigating Tort Cases § 68:31 (discussing circuit split); Kimball Dean Parker, Comment, A Historical Approach to Negligent Misrepresentation and Federal Rule of Civil Procedure 9(b), 80 U. Chi. L. Rev. 1461 (2013) (same).

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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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