Topic: relaxed as to matters peculiarly within the adverse parties… · Go Syfert
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Topic #15242

8 canonical passages across 6 cases, quoted by 26 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from Interconnect Telephone Services, Inc. v. Farren (In Re Interconnect Telephone Services, Inc.).

#Case FlagCanonical passage Citers
1 Interconnect Telephone Services, Inc. v. Farren (In Re Interconnect Telephone Services, Inc.) Anchor
nysb · 1985
green “relaxed as to matters peculiarly within the adverse parties' knowledge, but the allegations must then be accompanied by a statement of the facts upon which the belief is founded.” 4
2 Hassett v. Ganz (In Re O.P.M. Leasing Services, Inc.)
nysb · 1982
green “only when it appears with certainty that no set of facts could be proven at trial which would entitle a plaintiff to any relief.” 4
3 Daniel J. Devaney, as Trustee Under Chapter 11 of the Bankruptcy Code for Cb & R (Holdings) Ltd. v. A.P. Chester
ca2 · 1987
green “cannot be expected to plead a defendant's actual state of mind.” 3
4 Sculler v. Rosen (In Re Rosen)
nyeb · 1991
green “(1) specific facts; (2) sources that support the alleged specific facts; and (3) a basis from which an inference of fraud may be fairly drawn.” 3
5 Sculler v. Rosen (In Re Rosen)
nyeb · 1991
green “plaintiff need only allege the existence of facts and circumstances sufficient to warrant the pleaded conclusion that fraud had occurred.” 3
6 Sculler v. Rosen (In Re Rosen)
nyeb · 1991
green “to show a sufficient factual basis to support a claim based on fraud as required by fed.r.civ.p. 9(b).” 3
7 Lesser v. A-Z Associates (In Re Lion Capital Group)
nysb · 1984
green “matters such as time, place, and contents of the false representations, as well as the identity of the person making the misrepresentation and what he obtained thereby.” 3
8 Farberware, Inc. v. Groben
nysd · 1991
green “gives notice of the type of scheme alleged by plaintiff, it provides no insight into the grounds upon which the claim rests.” 3

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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