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16 Sep 2011, 6:05 am by Daniel E. Cummins
  That decision states that specific statute provisions need not be identified so long as the plaintiff avers facts that bring the claim within the statute. [read post]
5 Sep 2014, 12:18 pm
As for the intent prong, Rule 9(b) states that "[m]alice, intent, knowledge, and other conditions of mind of a person may be averred generally. [read post]
31 Mar 2012, 3:15 pm by Zachary Spilman
The Coast Guard CCA says yes, in this sua sponte order issued last month in United States v. [read post]
21 Sep 2017, 7:00 am by David Markus
Thus, she avers, the District Court erred in its application of Texas law. [read post]
15 Feb 2013, 3:30 am by Jeffrey Greyber
”1 Regarding the litigation stage, Rule 1.120(b) of the Florida Rules of Civil Procedure reads as follows: In all averments of fraud or mistake, the circumstances constituting fraud or mistake shall be stated with such particularity as the circumstances may permit. [read post]