Ross v. A.H. Robins Company

607 F.2d 545, cert denied, 446 U.S. 946 (2nd Cir. 1979)

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Nature of the Case

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Facts

Ross (P) alleges that they purchased 100 shares of A.H. Robins Company (D) on July 23, 1973 and that from around April 1972 until July 1974, D engaged in a scheme to deceive the investing public as to the true condition of D with respect to the Dalkon Shield problems. P claims that D made statements to the public about the Dalkon Shield product that were untrue and that they failed to properly inform investors of the true problems and financial liability that D was incurring from this defective product. The trial court dismissed the complaint as it did not comply with Rule 9(b). P appealed.