Rule 9. Pleading Special Matters

AuthorHillel H. Levin
Pages6-6
6
However, Rule 9(b) provides that in some specific cases,
the plaintiff must also include additional information:
Rule 9. Pleading Special Matters
(b) Fraud or Mistake; Condition of Mind.
In alleging fraud or mistake, a party must state with
particularity the circumstances constituting fraud or mistake.
Malice, intent, knowledge, and other conditions of a person's
mind may be alleged generally.
In the following case, the Supreme Court explained what
Rule 8(a)(2) requires of a plaintiff in the typical case. The
standard adopted by Conley is often referred to as the Notice
Pleading standard.
Conley v. Gibson
355 U.S. 41 (1957)
MR. JUSTICE BLACK delivered the opinion of the Court.
Once again, Negro employees are here under the Railway Labor Act asking
that their collective bargaining agent be compelled to represent them fairly.
In a series of cases this Court has emphatically and repeatedly ruled that an
exclusive bargaining agent under the Railway Labor Act is obligated to
represent all employees in the bargaining unit fairly and without
discrimination because of race, and has held that the courts have power to
protect employees against such invidious discrimination.
This class suit was brought in a Federal District Court in Texas by certain
Negro members of the Brotherhood of Railway and Steamship Clerks,
petitioners here, on behalf of themselves and other Negro employees
similarly situated against the Brotherhood, its Local Union No. 28 and
certain officers of both. In summary, the complaint made the following
allegations relevant to our decision: Petitioners were employees of the Texas

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