Cancer Foundation, Inc. v. Cerberus Capital Management, LP

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• dismissing where it was “clear from the face of the amended complaint that it [was] hopelessly time-barred”
• “Dismissing a complaint as untimely at the pleading stage is an unusual step, since a complaint need not anticipate and overcome affirmative defenses, such as the statute of limitations.”
• “Dismissing a complaint as untimely at the pleading stage is an unusual step.”
• “dismissal is appropriate when the plaintiff pleads himself out of court by alleging facts sufficient to establish the complaint’s tardiness”
• “A plaintiff does not need to know that his injury is actionable to trigger the statute of limitations—the focus is on the discovery of the harm itself, not the discovery of the elements that make up a claim.”
• “A plaintiff does not need to know that his injury is actionable to trigger the statute of limitations— the focus is on the discovery of the harm itself, not the discovery of the elements that make up a claim.”

Source: CourtListener parenthetical corpus (CC0).