United States Eleventh Circuit

In securities class action case alleging violations of both the Securities Act and Exchange Act, dismissal of complaint for failure to link specific allegations to causes of action pled, and order conditioning amendment of complaint on payment of defendants' costs and fees associated with dismissal motion, are vacated as the district court should have ordered plaintiffs to replead their complaint, sua sponte, under Rule 12(e), Fed. R. Civ. P. Moreover, even securities claims without a fraud element must be pled with particularity pursuant to Rule 9(b) when that nonfraud securities claim is alleged to be part of a defendant's fraudulent conduct.

Appellate Information

• Decided 09/18/2006
• Published 09/18/2006

Judges

• BIRCH, Circuit Judge:, Before EDMONDSON, Chief Judge, and BIRCH and ALARCON, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• John Farr Harnes, Chitwood Harley Harnes, LLP, Great Neck, NY, Joseph P. Helm, III, Chitwood Harley Harnes, LLP, Martin D. Chitwood, James M. Evangelista, Stuart J. Guber, Motley Rice LLC, Atlanta, GA, for Appellants.


• For Appellees:
  
• John L. Latham, Oscar N. Persons, Alston & Bird, John P. Brumbaugh, M. Robert Thornton, King & Spalding, Atlanta, GA, for Defendants-Appellees.