Ripple lawyers move for dismissal of fraud charges in an XRP lawsuit

Plaintiff’s Consolidated First Amended Complaint (FAC) attempts to resuscitate these claims, but fails because Plaintiff still has not alleged with particularity “how” and “why” the alleged misrepresentations are false. Plaintiff’s Fraud Claims should again be dismissed, this time with prejudice.

Rule 9(b) requires plaintiffs alleging fraud to “state with particularity the circumstances constituting fraud…A plaintiff who successfully identifies the “who, what, when, where, and how” of a statement, without more, has not satisfied Rule 9(b).

But these alleged misrepresentations fail to satisfy Rule 9(b) because Plaintiff does not (and cannot) explain how and why these statements are false.