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In the U.S. Court of Appeals for the Second Circuit, federal courts often will apply the stringent fraud pleading standards set forth in Federal Rule of Civil Procedure 9(b) to non-fraud causes of action if the factual allegations of the complaint resemble fraud. This article addresses the extent to which practitioners may be able to invoke or avoid these strict standards—of particularity and a strong inference of fraudulent intent—to negligence, fiduciary breach, and other non-fraud claims.

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