context: In securities fraud cases, despite the particularity required by Fed.R.Civ.P. 9(b) for averments constituting the circumstances of the fraud asserted and the scienter requirement Hochfelder propounded, some courts permitted generalized pleadings or relaxed specificity of the requisite fraudulent intent to survive motions to dismiss, relying for authority on the language of Rule 9(b) itself, which provides that "malice, intent, knowledge, and other condition of mind, may be averred generally".
citation_a.signal: see also
citation_a.identifier: 886 F.2d 12, 12
citation_a.parenthetical: noting that under Rule 9(b) a complaint need only aver intent generally, although it nonetheless must allege facts that give rise to a strong inference of fraudulent intent
citation_a.sentence: See In re GlenFed, Inc. Sec. Litig., 42 F.3d 1541, 1547 (9th Cir.1994) (en banc) (holding that plaintiff may satisfy the state of mind pleading requirement “simply by saying that scien-ter existed.”); see also Cosmas, 886 F.2d at 12 (noting that under Rule 9(b) a complaint need only aver intent generally, although it nonetheless must allege facts that give rise to a strong inference of fraudulent intent); Goldman, 754 F.2d at 1070 (“Thus, great specificity was not required with respect to the allegations of knowledge and scienter.”)
citation_b.signal: see
citation_b.identifier: 42 F.3d 1541, 1547
citation_b.parenthetical: holding that plaintiff may satisfy the state of mind pleading requirement "simply by saying that scien-ter existed."
citation_b.sentence: See In re GlenFed, Inc. Sec. Litig., 42 F.3d 1541, 1547 (9th Cir.1994) (en banc) (holding that plaintiff may satisfy the state of mind pleading requirement “simply by saying that scien-ter existed.”); see also Cosmas, 886 F.2d at 12 (noting that under Rule 9(b) a complaint need only aver intent generally, although it nonetheless must allege facts that give rise to a strong inference of fraudulent intent); Goldman, 754 F.2d at 1070 (“Thus, great specificity was not required with respect to the allegations of knowledge and scienter.”)