Actually that makes no sense that one rule or another can be used.
However, allegations of fraud must meet a higher standard
than the basic notice pleading required by Rule 8. “In alleging
fraud or mistake, a party must state with particularity the
circumstances constituting fraud or mistake.” Fed. R. Civ. P.
9(b). Importantly, though, the second sentence of Rule 9(b)
relaxes the particularity requirement for conditions of the
mind, such as scienter. Tuchman v. DSC Commc'ns Corp., 14 F.3d
1061, 1068 (5th Cir. 1994). “Malice, intent, knowledge, and
other conditions of a person's mind may be alleged generally.”
Fed. R. Civ. P. 9(b). The particularity requirement of Rule 9(b)
does not render the principles of simplicity established by Rule
8 inapplicable; the two rules must be read in harmony.
