Irwin v. Dep't of Veterans Affairs
498 U.S. 89 (1990) Cited 4,537 times 8 Legal AnalysesHolding that a statutory time limit with the same characteristics is subject to equitable tolling
Lampf v. Gilbertson
501 U.S. 350 (1991) Cited 1,114 times 6 Legal AnalysesHolding comparable bar not subject to equitable tolling
American Pipe Construction Co. v. Utah
414 U.S. 538 (1974) Cited 2,112 times 162 Legal AnalysesHolding 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"
Young v. United States
535 U.S. 43 (2002) Cited 422 timesHolding that three-year lookback period applicable to tax claims in bankruptcy is subject to equitable tolling
Rombach v. Chang
355 F.3d 164 (2d Cir. 2004) Cited 1,383 times 5 Legal AnalysesHolding that complaint may establish scienter through facts showing that defendants "had both motive and opportunity to commit fraud"
Wyser-Pratte Management Co. v. Telxon Corp.
413 F.3d 553 (6th Cir. 2005) Cited 214 times 5 Legal AnalysesHolding 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"
P. Stolz Family Partnership L.P. v. Daum
355 F.3d 92 (2d Cir. 2004) Cited 192 timesHolding that "the misrepresentation of present or historical facts cannot be cured by cautionary language"
Joseph v. Wiles
223 F.3d 1155 (10th Cir. 2000) Cited 179 times 17 Legal AnalysesHolding 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"
Ma v. Merrill Lynch, Pierce, Fenner & Smith, Inc.
597 F.3d 84 (2d Cir. 2010) Cited 88 timesFinding that plaintiff's claims for conversion and breach of fiduciary duty were preempted by the U.C.C.
In re Worldcom, Inc. Securities Litigation
346 F. Supp. 2d 628 (S.D.N.Y. 2004) Cited 101 times 3 Legal AnalysesFinding no scienter where the complaint failed to allege that underwriter, despite having access to facts, had reason to believe public statements were fraudulent
Section 77k - Civil liabilities on account of false registration statement
15 U.S.C. § 77k Cited 2,111 times 85 Legal AnalysesHolding liable for a false registration statement "every person who was a director of . . . or partner in the issuer" at time of filing
Section 2072 - Rules of procedure and evidence; power to prescribe
28 U.S.C. § 2072 Cited 1,800 times 37 Legal AnalysesGranting the Supreme Court, not the parties, authority to "prescribe general rules of practice and procedure" for federal district court cases
Section 77b - Definitions; promotion of efficiency, competition, and capital formation
15 U.S.C. § 77b Cited 1,404 times 27 Legal AnalysesInstructing the SEC to consider, "in addition to the protection of investors, whether the action will promote efficiency, competition, and capital formation"
Section 77m - Limitation of actions
15 U.S.C. § 77m Cited 954 times 29 Legal AnalysesEstablishing 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 77l - Civil liabilities arising in connection with prospectuses and communications
15 U.S.C. § 77l Cited 819 times 22 Legal AnalysesAuthorizing relief if the offering documents contain just one untrue statement of material fact
Section 229.508 - (Item 508) Plan of distribution
17 C.F.R. § 229.508 Cited 9 timesRequiring that "each . . . underwriter having a material relationship with the registrant and . . . the nature of the relationship" be disclosed in a registration statement