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· 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 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.