Courts Must Consider Discovery-Based Allegations in Determining Whether Pleadings Meet FRCP 9(b): Eleventh Circuit

In US ex rel Sedona Partners LLC v. Able Moving & Storage Inc., the US Court of Appeals for the Eleventh Circuit held in an issue of first impression that a court may not disregard a plaintiff’s pleading allegations solely because they are based on information obtained in discovery, even under the heightened pleading standards of FRCP 9(b) (2025 WL 2087871 (11th Cir. July 25, 2025).


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