11 Cited authorities

American Pipe Construction Co. v. Utah
414 U.S. 538 (1974) Cited 2,124 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"
Guaranty Trust Co. v. U.S.
304 U.S. 126 (1938) Cited 447 times 3 Legal Analyses
Holding that foreign-government sovereigns do not get the benefit of nullum tempus immunity, on the theory that "[b]y voluntarily appearing in the role of suitor, [the foreign sovereign] abandons its immunity from suit and subjects itself to the procedure and rules of decision governing the forum which it has sought" including statutes of limitation
Joseph v. Wiles
223 F.3d 1155 (10th Cir. 2000) Cited 179 times 17 Legal Analyses
Holding that a court must " analyze the complaint to determine whether the offenses it alleges can be characterized primarily as omissions or misrepresentations in order to determine whether the Affiliated Ute presumption should apply"
McDonald v. Sun Oil Co.
548 F.3d 774 (9th Cir. 2008) Cited 82 times 3 Legal Analyses
Holding the Comprehensive Environmental Response, Compensation, and Liability Act preempts both "statutes of repose" and, as stated in the text, "statutes of limitations" because those terms were used interchangeably when enacted in 1986 even though they are now considered "distinct legal concepts"
Securities & Exchange Commission v. Rind
991 F.2d 1486 (9th Cir. 1993) Cited 104 times 8 Legal Analyses
Holding that punitive damage award would be excepted from discharge in bankruptcy under § 523
Arivella v. Lucent Technologies, Inc.
623 F. Supp. 2d 164 (D. Mass. 2009) Cited 23 times
Finding that American Pipe tolls ERISA's statute of repose, section 413, 29 U.S.C.A. § 1113, in spite ofLampf because "American Pipe tolling is a species of legal tolling, in that it is derived from a statutory source, in this case Rule 23"
Section 77m - Limitation of actions
15 U.S.C. § 77m Cited 956 times 29 Legal Analyses
Establishing a one-year statute of limitations for §§ 11 and 12 claims which begins to run upon "the discovery of the untrue statement or omission, or after such discovery should have been made by the exercise of reasonable diligence"
Section 78p - Directors, officers, and principal stockholders
15 U.S.C. § 78p Cited 866 times 17 Legal Analyses
Recognizing that information obtained by a director could be used in his capacity as a shareholder
Section 1787 - Payment of insurance
12 U.S.C. § 1787 Cited 183 times 3 Legal Analyses
Authorizing the conservator to repudiate "any contract"
Section 815 ILCS 5/13 - Private and other civil remedies; securities
815 ILCS 5/13 Cited 99 times 2 Legal Analyses
Specifying that those who participated or aided in selling a security in violation of the Illinois securities laws are "joint and severally liable to the purchaser," including purchasers' attorneys' fees and expenses
Section 25506 - Statute of limitations for proceedings to enforce liability
Cal. Corp. Code § 25506 Cited 63 times
Providing that "no action shall be maintained . . . unless brought before the expiration of four years after the act or transaction constituting the violation or the expiration of one year after the discovery by the plaintiff of the facts constituting the violation, whichever shall first expire"

National Credit Union Administration Board v. J.P. Morgan Securities LLC et al

11 Cited authorities

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 a court must " analyze the complaint to determine whether the offenses it alleges can be characterized primarily as omissions or misrepresentations in order to determine whether the Affiliated Ute presumption should apply"

Holding the Comprehensive Environmental Response, Compensation, and Liability Act preempts both "statutes of repose" and, as stated in the text, "statutes of limitations" because those terms were used interchangeably when enacted in 1986 even though they are now considered "distinct legal concepts"

Holding that punitive damage award would be excepted from discharge in bankruptcy under § 523

Finding that American Pipe tolls ERISA's statute of repose, section 413, 29 U.S.C.A. § 1113, in spite ofLampf because "American Pipe tolling is a species of legal tolling, in that it is derived from a statutory source, in this case Rule 23"

Establishing a one-year statute of limitations for §§ 11 and 12 claims which begins to run upon "the discovery of the untrue statement or omission, or after such discovery should have been made by the exercise of reasonable diligence"

Recognizing that information obtained by a director could be used in his capacity as a shareholder

Authorizing the conservator to repudiate "any contract"

Specifying that those who participated or aided in selling a security in violation of the Illinois securities laws are "joint and severally liable to the purchaser," including purchasers' attorneys' fees and expenses

Providing that "no action shall be maintained . . . unless brought before the expiration of four years after the act or transaction constituting the violation or the expiration of one year after the discovery by the plaintiff of the facts constituting the violation, whichever shall first expire"