· 2/29/1980
Regina (Rega) Jablon v. Dean Witter & Co., and Sydney Turner
Citations
- 614 F.2d 677
- 54 A.L.R. Fed. 1
- 1980 U.S. App. LEXIS 20055
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that a court must assess a complaint’s 22 allegations when determining whether to toll the statute of limitations
- noting that dismissal may be granted “if 7 the assertions of the complaint, read with the required liberality, would not permit the 8 plaintiff to prove that the statute was tolled”
- noting that a Rule 12(b)(6) motion can be 5 granted based on the statute of limitations if “the running of the statute is apparent on the face of 6 the complaint”
- finding no private right of action 5 for violations of stock association rules
- no implied private right of action for violation of “know your customer” and “suitability” rules
- “If the running of the statute 19 is apparent on the face of the complaint, the defense may be raised in a motion to dismiss.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Wright, Hug, Skopil
Read full opinion on CourtListenerSourced 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.