· 9/17/2013
Pension Trust Fund for Operating Engineers v. Mortgage Asset Securitization Transactions, Inc.
Citations
- 730 F.3d 263
- 2013 WL 5184064
- 2013 U.S. App. LEXIS 19166
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the discovery standard governs whether Securities Act claims are timely
- finding that a reasonably diligent plaintiff would have begun to investigate the same day that an amended class action complaint was filed
- holding Merck applies to both the Exchange Act and Securities Act
- finding a reasonably diligent plaintiff would undertake an investigation based on “‘news articles and analyst’s reports,’ and ‘prospectuses, quarterly reports, and other information related to their investments’”
- “[T]he purpose of statutes of limitations is to prevent stale claims … .”
- “[B]ecause a statute of limitations is an affirmative defense, the burden of establishing its applicability to a particular claim rests with the defendant.” (internal quotation marks and citations omitted)
Source: CourtListener parenthetical corpus (CC0).
Judges: Chagares, Fisher, Fuentes
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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