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WAGNER v. FIRST HORIZON PHARMACEUTICAL, CORP.

No. 05-14365.

464 F.3d 1273 (2006)

Harry WAGNER, on behalf of himself and all other similarly situated, Plaintiff-Appellant, John R. Wells, on behalf of himself and all others similarly situated, Alfred Jacobson, on behalf of himself and all others similarly situated, Consolidated Plaintiffs-Appellants, v. FIRST HORIZON PHARMACEUTICAL CORPORATION, Mahendra G. Shah, John N. Kapoor, Balaji Venkataraman, Jon S. Saxe, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

September 18, 2006.

Attorney(s) appearing for the Case

John Farr Harnes, Chitwood Harley Harnes, LLP, Great Neck, NY, Joseph P. Helm, III, Chitwood Harley Harnes, LLP, Martin D. Chitwood, James M. Evangelista, Stuart J. Guber, Motley Rice LLC, Atlanta, GA, for Appellants.

John L. Latham, Oscar N. Persons, Alston & Bird, John P. Brumbaugh, M. Robert Thornton, King & Spalding, Atlanta, GA, for Defendants-Appellees.

Before EDMONDSON, Chief Judge, and BIRCH and ALARCON, Circuit Judges.

BIRCH, Circuit Judge:

In this appeal, we determine that even securities claims without a fraud element must be pled with particularity pursuant to Federal Rule of Civil Procedure 9(b); when that nonfraud securities claim is alleged to be part of a defendant's fraudulent conduct. We also remind district courts of their supervisory obligation to sua sponte order repleading pursuant to Federal Rule of Civil Procedure 12(e) when a shotgun complaint fails to link...

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