· 1/30/2004
Nicholas La Grasta, Domenico La Grasta, and Mauro La Grasta, on Behalf of Themselves and All Others Similarly Situated v. First Union Securities, Inc.
Citations
- 358 F.3d 840
- 2004 U.S. App. LEXIS 1427
- 2004 WL 178937
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that “a Rule 12(b)(6) dismissal on statute of limitations grounds is appropriate only if it is apparent from the face of the complaint that the claim is time-barred”
- explaining that “plaintiffs are not required to negate an affirmative defense in their complaint”
- reversing dismissal and stating “on this record, it is not apparent on the face of the complaint that the securities fraud claim is time-barred”
- permitting court on motion to dismiss to consider documents central the complaint and matters judicially noticed
- restricting the Court’s review “to the well-pleaded factual allegations, documents central to or referenced in the complaint, and matters judicially noticed.”
- reversing dismissal and stating “on this record, it is not apparent on the face of the complaint that the securities fraud claim is time-barred”
Source: CourtListener parenthetical corpus (CC0).
Judges: Black, Fay, Jordan
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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