Aric Hall v. Capella University, No. 18-2739 (8th Cir. 2019)
Annotate this CaseCourt Description: Per Curiam - Before Benton, Stras, and Kobes, Circuit Judges] Civil case - Fraud. Plaintiff failed to plead his fraud or false advertising claims with the specificity required by Fed. R. Civ. P. 9(b), and the district court did not err in dismissing the case.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 18-2739 ___________________________ Aric W. Hall lllllllllllllllllllllPlaintiff - Appellant v. Capella University lllllllllllllllllllllDefendant - Appellee ____________ Appeal from United States District Court for the District of Minnesota - St. Paul ____________ Submitted: May 20, 2019 Filed: May 23, 2019 [Unpublished] ____________ Before BENTON, STRAS, and KOBES, Circuit Judges. ____________ PER CURIAM. Aric Hall appeals the district court’s1 dismissal of his diversity action alleging fraud and false advertising against Capella University. After de novo review, 1 The Honorable David S. Doty, United States District Judge for the District of Minnesota. see Montin v. Moore, 846 F.3d 289, 292 (8th Cir. 2017) (standard of review), we agree with the district court that Hall’s complaint did not plead his fraud or false advertising claims with the specificity required by Federal Rule of Civil Procedure 9(b), see Fed. R. Civ. P. 9(b) (party must plead circumstances constituting fraud with particularity); E-Shops Corp. v. U.S. Bank Nat’l Ass’n, 678 F.3d 659, 665 (8th Cir. 2012) (Rule 9(b)’s heightened pleading requirement applies to claims arising under Minn. Stat. §§ 325D.44 and 325F.69); Drobnak v. Andersen Corp., 561 F.3d 778, 783 (8th Cir. 2009) (party alleging fraud must plead time, place, and contents of false representation, and identity of person making misrepresentation). We affirm the judgment of the district court. See 8th Cir. R. 47B. ______________________________ -2-
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