Does Rule 9(b) of the Federal Trade Union Guidelines apply to "averments of fraud" in all civil cases?

Rule 9(b)'s heightened pleading standard applies to "averments of fraud" in all civil cases. Vess v. Ciba-Geigy Corp., 317 F.3d 1097, 1103-05 (9th Cir. 2003). Rule 9(b) provides that "[i]n alleging fraud or mistake, a party must state with particularity the circumstances

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constituting fraud or mistake." The required specificity includes the "time, place, and specific content of the false representations as well as the identities of the parties to the misrepresentations." Swartz v. KPMG LLP, 476 F.3d 756, 764 (9th Cir. 2007) (internal quotation marks and citation omitted).