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Court Affirms Denial of Motion to Dismiss Aiding and Abetting a Fraud Claim, Finding All Elements Adequately Pleaded
By: Jeffrey M. Haber Liability for aiding and abetting a fraud is distinct from liability for committing the underlying fraud itself. This theory of liability recognizes that a defendant may substantially contribute to fraudulent misconduct without personally making any misrepresentation/omission or directly deceiving the plaintiff. Thus, instead of requiring proof that the defendant was the maker of a false statement or omission, an aiding‑and‑abetting theory turns on wheth

Jeffrey Haber
Feb 26 min read
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