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Xia Bi, et al. v. Terry McAuliffe, et al.

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 18-2194 · judgment July 17, 2019

Certiorari denied · December 9, 2019
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a petition filed soon after the judgment below, and a Fourth Circuit decision below.

Questions presented

  1. Whether Rule 9(b) of the Federal Rules of Civil Procedure imposes a particularity requirement for pleading the reliance element of common law fraud claims.

  2. Whether foreign investors’ exclusive reliance on misrepresentations contradicting English-language investment memoranda renders their reliance unjustifiable as a matter of law.

  3. Whether company statements are attributable to the executives that are in charge of the company’s daily affairs.

Counsel of record

For petitioner
Marina Vladimir Bogorad
Gerard Fox Law, P.C.

For respondent
—

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Dec 09 2019
    Petition DENIED.
  2. Nov 20 2019
    DISTRIBUTED for Conference of 12/6/2019.
  3. Oct 03 2019
    Petition for a writ of certiorari filed. (Response due November 7, 2019)