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Amoskeag Bank Shares, Inc. Plaintiffs further allege that they dd.p.r.503 upon Defendants’ representations and were misled to agree to sell the stock and that Defendants’ false representations and failure to comply with their contractual obligations caused loss and damages to Plaintiffs.

Further, the Court is also of the understanding that Plaintiffs’ have failed to state a claim under the federal securities laws.

Diaz all of the technical data and information required by the Dominican Republic; and that Foster Wheeler had paid Mr. This sale was part of the “Ownership Fraud”.

Pace Membership, F. Eisen and subsequently signed by Mr. Plaintiffs’ allegations, however, regardless of how liberally they are read, fail to support Plaintiffs’ bald claims of fraudulent breach of the care, good faith and fair dealing owed to Plaintiffs by Defendants; fraudulent interference with contractual relationships; or fraudulent deception concerning the issuance and purchase of stock. Diaz a complete release for any claim of damages resulting from Foster Wheeler’s prior actions and omissions.

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Following Wright and Miller, the Court finds that “[b]y its terms, the particularity requirement in Rule 9 b applies only to averments of fraud. United States District Court, S. Massachusetts Institute of Technology, F. Adams Peck, F. See Ilan-Gat Engineers, Ltd. Eisen’s request because they did not want to loose the money, time and effort invested in the power plant project, not because they relied on a misrepresentation by Defendants.

Plaintiffs oppose Defendants petition for dismissal and present additional facts and new arguments in an effort to rescue their securities claims from an impending dismissal. See also Dirks v. Foster Wheeler and GEC consequently conceded to the renegotiation of certain prior thereto agreed upon clauses in the contract entered into with CDE. Generally, however, “[t]he courts are loathe to grant motions to dismiss of this type.

The concept of “dolo”, therefore, includes fraud as its most heightened species, but also includes other less heightened modes such as “undue influence” and “insidious machination”.

Bartoli subsequently misinformed Mr. Notwithstanding the above, fraud and “dolo” are not synonymous concepts and must not be treated as such by this Court. According to Defendants’ reading of Plaintiffs’ Second Amended Complaint, Plaintiffs seek compensation for three separate incidents of federal securities law violations which occurred on April ofAugust ofand March of See also Pujol, F. Thus, the Sixth and Seventh Causes of Action are not time barred. Plaintiffs’ Complaint also fails to allege fraud with sufficient particularity to support Rule 10b-5’s deception requirement.


Eisen admitted that the May 3rd letter contained untrue statements and offered to compensate Mr. Second, the Court examined Puerto Rico’s treatises and jurisprudence hoping to find a discussion of this legislative oversight.

Puerto Rico ; Monclova v. In ruling on this issue, this allegation must be taken as true. Another example of Plaintiffs’ failure to plead fraud with particularity can be found in paragraph 3.

Without CDE’s joinder, therefore, Defendants’ ability to assess their liability, if any, is “severely hampered” and Defendants face the prospect of future piecemeal litigation involving CDE. Plaintiffs’ Complaint alleges no misrepresentations or omissions of material facts.

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Plaintiffs’s pleadings surrounding the narration of this incident contain no indication that Defendants made a representation of any kind in order to obtain the requested issuance of stock. Promo Motor Imports, Inc. Massachusetts D.p.g.503 Foundation, F. Under the partnership agreement, these expenses were mandated to be reimbursed by Foster Wheeler.


D.p.r.5033 called for a meeting with Mr. The question then would be, however, whether CDE could be joined as a Defendant, due to CDE’s apparent lack of minimum contacts with this jurisdiction. Contains public sector information licensed under the Open Government Licence v3. Showing top 14 of 14 judgment s.