52 Cited authorities

Merck Co. v. Reynolds
559 U.S. 633 (2010) Cited 661 times 18 Legal Analyses
Holding that because no event preceding the critical date constituted "discovery" of facts necessary to bring the complaint, the plaintiffs' suit was timely
American Pipe Construction Co. v. Utah
414 U.S. 538 (1974) Cited 2,112 times 162 Legal Analyses
Holding the commencement of a class action "suspends the applicable statute of limitations as to all asserted members of the class who would have been parties had the suit been permitted to continue as a class action"
Crown, Cork Seal Co. v. Parker
462 U.S. 345 (1983) Cited 1,102 times 54 Legal Analyses
Holding that the commencement of a class action suspends the applicable statute of limitations for all asserted members of the putative class until a class certification decision is made
China Agritech, Inc. v. Resh
138 S. Ct. 1800 (2018) Cited 204 times 39 Legal Analyses
Holding that “upon denial of class certification, a putative class member, in lieu of promptly joining an existing suit or promptly filing an individual action, may not commence a class action anew beyond the time allowed by the applicable statute of limitations”
Cal. Pub. Employees' Ret. Sys. v. ANZ Sec., Inc.
137 S. Ct. 2042 (2017) Cited 175 times 23 Legal Analyses
Holding that statutes of repose are not subject to equitable tolling
Rycoline Products, Inc. v. C W Unlimited
109 F.3d 883 (3d Cir. 1997) Cited 462 times
Holding that a motion to dismiss that relies on an entire-controversy defense not appearing on the face of the complaint must be denied without prejudice or converted to a motion for summary judgment under Federal Rule of Civil Procedure 12(d)
Wyser-Pratte Management Co. v. Telxon Corp.
413 F.3d 553 (6th Cir. 2005) Cited 214 times 5 Legal Analyses
Holding that the limitations period for securities-fraud claims begins to run "when a plaintiff should have discovered, by exercising reasonable diligence, the facts underlying the alleged fraud"
Tietsworth v. Sears
720 F. Supp. 2d 1123 (N.D. Cal. 2010) Cited 168 times
Holding that omitted information about a defect in washing machines that caused consumers to pay large repair bills was material under CLRA
Landsman & Funk PC v. Skinder-Strauss Associates
640 F.3d 72 (3d Cir. 2011) Cited 147 times
Finding a District Court's determination of class certification issues premature and noting that "[i]n most cases, some level of discovery is essential" to an evaluation of class allegations
Clark v. McDonald's Corp.
213 F.R.D. 198 (D.N.J. 2003) Cited 177 times
Holding that "deterrence from visiting a place of public accommodation known to be out-of-compliance with the ADA can constitute an actual and present injury as surely as tomorrow's visit to the same location can constitute a threatened and imminent one."
Section 1983 - Civil action for deprivation of rights
42 U.S.C. § 1983 Cited 485,542 times 688 Legal Analyses
Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation
Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing
Fed. R. Civ. P. 12 Cited 344,855 times 920 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 23 - Class Actions
Fed. R. Civ. P. 23 Cited 34,849 times 1232 Legal Analyses
Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"
Section 1658 - Time limitations on the commencement of civil actions arising under Acts of Congress
28 U.S.C. § 1658 Cited 2,372 times 41 Legal Analyses
Holding that the state-law tort period controls § 1983 actions

POTTER v. VALEANT PHARMACEUTICALS INTERNATIONAL, INC. et al

52 Cited authorities

Holding that because no event preceding the critical date constituted "discovery" of facts necessary to bring the complaint, the plaintiffs' suit was timely

Holding the commencement of a class action "suspends the applicable statute of limitations as to all asserted members of the class who would have been parties had the suit been permitted to continue as a class action"

Holding that the commencement of a class action suspends the applicable statute of limitations for all asserted members of the putative class until a class certification decision is made

Holding that “upon denial of class certification, a putative class member, in lieu of promptly joining an existing suit or promptly filing an individual action, may not commence a class action anew beyond the time allowed by the applicable statute of limitations”

Holding that statutes of repose are not subject to equitable tolling

Holding that a motion to dismiss that relies on an entire-controversy defense not appearing on the face of the complaint must be denied without prejudice or converted to a motion for summary judgment under Federal Rule of Civil Procedure 12(d)

Holding that the limitations period for securities-fraud claims begins to run "when a plaintiff should have discovered, by exercising reasonable diligence, the facts underlying the alleged fraud"

Holding that omitted information about a defect in washing machines that caused consumers to pay large repair bills was material under CLRA

Finding a District Court's determination of class certification issues premature and noting that "[i]n most cases, some level of discovery is essential" to an evaluation of class allegations

Holding that "deterrence from visiting a place of public accommodation known to be out-of-compliance with the ADA can constitute an actual and present injury as surely as tomorrow's visit to the same location can constitute a threatened and imminent one."

Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"

Holding that the state-law tort period controls § 1983 actions