W. Kenneth Tregenza, James E. Haas, and Erwin B. Seegers v. Great American Communications Company and Shearson Lehman Brothers, Incorporated

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that, if a plaintiff “pleads facts that show that his suit is time-barred or otherwise without merit, he has pleaded himself out of court”
• holding that an affidavit considered by a trial court during a motion to dismiss converts a motion to dismiss to a motion for summary judgment
• noting that if a plaintiff “pleads facts that show that his suit is time-barred or otherwise without merit, he has pleaded himself out of court”
• explaining that under “inquiry notice,” a statute of limita- tions “begins to run when the victim of the alleged fraud became aware of facts that would have led a reasonable per- son to investigate whether he might have a claim”
• noting that even though a plaintiff is not required to negate a statute of limitations affirmative defense in his complaint, “if he pleads facts that show that his suit is time-barred or otherwise without merit, he has pleaded himself out of court”
• 90% stock drop triggered inquiry notice that broker’s representation that stock was undervalued was fraudulent

Source: CourtListener parenthetical corpus (CC0).