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· 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 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.