Epstein Secrets

o whom it was made; (4) the intention that it should be acted upon; and (5) that the plaintiff acted upon it to his damage. COUNSEL: ri] ATTORNEYS: Maria Tankenson Hodge, Esq., Hodge & Francois, St. Thomas, U.S.V.I., For the plaintiffs. Gregory H. Hodges, Esq., Dudley, Topper and Feuerzeig, LLP, St. Thomas, U.S.V.I

by the person to whom it was made; (4) the intention that it should be acted upon; and (5) that the plaintiff acted upon it to his damages." in re Rockefeller Ctr. Props. Secs. Litig., 311 F.3d 198, 215 (3d Cir. 2002). Courts should apply Rule 9(b) with some flexibility and should not require plaintiffs to pl

ically implausible antitrust claims must come forward with more persuasive evidence to support them EFTA00187401 Page I of 2 VVestiaw. Page 1 Maria Tankenson Hodge Current Firm Information Unknown hodgfranOislands.vi Position: Member Education: University of California at Berkeley, Boalt Hall School of Law,

e 12(b)(6) motion, I ac- cept all allegations in the complaint as true, and draw all reasonable inferences in favor of the non-moving party. In re Rockefeller Ctr. Props., Int, 311 F.3d 198, 215 (3d Cir.2002). "The inquiry is not whether plaintiffs will ultimately prevail in a trial on the merits, but whethe

NCIAL TRUST COMPANY, INC. AND JEFFREY E. EPSTEIN, Plaintiffs, v. CITIBANK, N.A. AND CITIGROUP, INC. d/b/a "CITIGROUP," Defendants. ATTORNEYS: Maria Tankenson Hodge, Esq. Hodge & Francois St. Thomas, U.S.V.I., For the plaintiffs, Gregory H. Hodges, Esq. Dudley, Topper and Feuerzeig, LLP St. Thomas, U.S.V.I.

an increased measure of protection for their reputations, and reduce[] the number of frivolous suits brought solely to extract settlements." In re Rockefeller Ctr. Props., Inc., 311 F.3d at 215 (quoting In re Burlington Coat Factory Sec. Litig., 114 F.3d at 1418). "Rule 9(b) requires a plaintiff to plead (1)

) ) Plaintiffs, v. ) ) ) Civ. No. 2002-108 ) CITIBANK, N.A. AND CITIGROUP, d/b/a "CITIGROUP," INC. ) ) ) Defendants. ) ) ATTORNEYS: Maria Tankenson Hodge, Esq. Hodge & Francois St. Thomas, U.S.V.I., For the plaintiffs, Gregory H. Hodges, Esq. Dudley, Topper and Feuerzeig, LLP St. Thomas, U.S.V.I.

d that would accompany 'the first paragraph of any newspaper story' - that is the 'who, what, when, where and how' of the events at issue.'" In re Rockefeller Ctr. Props., Inc., 311 F.3d at 217 (quoting In re Burlington, 114 F.3d at 1422). However, the Third Circuit Court of Appeals has held that the "require