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· 11/22/2011

McCann v. Hy-Vee, Inc.

Citations

  • 663 F.3d 926
  • 2011 U.S. App. LEXIS 23316
  • 2011 WL 5924414

How courts have described this case

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

  • holding that “violation” for the purposes of § 1658(b)(2) is the date of the “misrepresentation,” triggering the period “from the date of the fraud rather than the date of the injury”
  • observing that the starting gate in statutes of limitations is usually expressed as the date on which such claim accrues
  • explaining that equitable tolling does not apply to statutes of repose
  • explaining that equitable tolling does not apply to statutes of repose
  • explaining that equitable tolling does not apply to statutes of repose
  • stating “although the SEC doesn’t have to prove reliance on a misrepresentation, a private party would have to, as otherwise he would have suffered no injury”

Source: CourtListener parenthetical corpus (CC0).

Judges: Posner, Flaum, Sykes

Read full opinion on CourtListener

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.