7 canonical passages across 5 cases, quoted by 135 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 ANCHORBANK, FSB v. Hofer.
| # | Case | Flag | Canonical passage | Citers |
|---|---|---|---|---|
| 1 | ANCHORBANK, FSB v. Hofer Anchor | green | “ordinarily requires describing the 'who, what, when, where, and how' of the fraud, although the exact level of particularity that is required will necessarily differ based on the facts of the case.” | 33 |
| 2 | ANCHORBANK, FSB v. Hofer | green | “this ordinarily requires describing the 'who, what, when, where, and how' of the fraud, although the exact level of particularity that is required will necessarily differ based on the facts of the case.” | 28 |
| 3 | Lewis Borsellino and I.M. Acquisitions, LLC v. Goldman Sachs Group, Incorporated | green | “a claim that 'sounds in fraud'-in other words, one that is premised upon a course of fraudulent conduct-can implicate rule 9(b)'s heightened pleading requirements.” | 25 |
| 4 | Lewis Borsellino and I.M. Acquisitions, LLC v. Goldman Sachs Group, Incorporated | green | “all averments of fraud, not claims of fraud.” | 23 |
| 5 | Tricontinental Industries, Limited and Tricontinental Distribution, Limited v. Pricewaterhousecoopers, LLP | green | “(1) a false statement of material fact; (2) carelessness or negligence in ascertaining the truth of the statement by the party making it; (3) an intention to induce the other party to act; (4) action by the other party in reliance on the truth of the statement; (5) damage to the…” | 12 |
| 6 | BPI Energy Holdings, Inc. v. IEC (Montgomery), LLC | green | “the fact that a party breaks a contract doesn't show that its promise to perform it had been fraudulent when made-that is, that the party had never intended to perform it.” | 8 |
| 7 | Ault v. C.C. Services, Inc. | green | “alleged misrepresentations must be statements of present or preexisting facts, and not statements of future intent or conduct.” | 6 |
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.