· 7/6/1988
Federal Case
Citations
- 851 F.2d 271
- 26 Fed. R. Serv. 55
- 1988 U.S. App. LEXIS 9227
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that civil RICO claim accrues 22 “when [the plaintiff has] actual or constructive knowledge of the fraud”
- holding that formal motion is necessary to invoke Rule 56(f) and noting that oral requests to the court or references in memoranda fall short of a formal motion
- opponent’s “informal, oral requests to the court for more time to conduct discovery fell short of compliance with Rule 56”
- more than six months between defendants' appearances and grant of summary judgment more than sufficient to provide reasonable opportunities for discovery
- “Ordinarily, we leave the question of whether a plaintiff knew or should have become aware of a fraud to the jury.”
- “The plaintiff is deemed to have had constructive knowledge if it had enough information to warrant an investigation which, if reasonably diligent, would have led to discovery of the fraud.”
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.