30 Cited authorities

  1. Irwin v. Dep't of Veterans Affairs

    498 U.S. 89 (1990)   Cited 4,026 times   3 Legal Analyses
    Holding that there is a rebuttable presumption that equitable tolling is available in suits against the government
  2. Lampf v. Gilbertson

    501 U.S. 350 (1991)   Cited 1,079 times   6 Legal Analyses
    Holding comparable bar not subject to equitable tolling
  3. American Pipe Construction Co. v. Utah

    414 U.S. 538 (1974)   Cited 1,855 times   157 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"
  4. Young v. United States

    535 U.S. 43 (2002)   Cited 377 times
    Holding that three-year lookback period applicable to tax claims in bankruptcy is subject to equitable tolling
  5. Rombach v. Chang

    355 F.3d 164 (2d Cir. 2004)   Cited 1,144 times   4 Legal Analyses
    Holding that complaint may establish scienter through facts showing that defendants "had both motive and opportunity to commit fraud"
  6. Wyser-Pratte Management Co. v. Telxon Corp.

    413 F.3d 553 (6th Cir. 2005)   Cited 192 times   4 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"
  7. P. Stolz Family Partnership L.P. v. Daum

    355 F.3d 92 (2d Cir. 2004)   Cited 163 times
    Holding that "the misrepresentation of present or historical facts cannot be cured by cautionary language"
  8. Joseph v. Wiles

    223 F.3d 1155 (10th Cir. 2000)   Cited 171 times   14 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"
  9. In re Worldcom, Inc. Securities Litigation

    346 F. Supp. 2d 628 (S.D.N.Y. 2004)   Cited 95 times   2 Legal Analyses
    Finding no scienter where the complaint failed to allege that underwriter, despite having access to facts, had reason to believe public statements were fraudulent
  10. Ma v. Merrill Lynch, Pierce, Fenner & Smith, Inc.

    597 F.3d 84 (2d Cir. 2010)   Cited 64 times
    Finding that plaintiff's claims for conversion and breach of fiduciary duty were preempted by the U.C.C.
  11. Section 77k - Civil liabilities on account of false registration statement

    15 U.S.C. § 77k   Cited 1,935 times   62 Legal Analyses
    Holding liable for a false registration statement "every person who was a director of . . . or partner in the issuer" at time of filing
  12. Section 2072 - Rules of procedure and evidence; power to prescribe

    28 U.S.C. § 2072   Cited 1,607 times   35 Legal Analyses
    Granting the Supreme Court, not the parties, authority to "prescribe general rules of practice and procedure" for federal district court cases
  13. Section 77b - Definitions; promotion of efficiency, competition, and capital formation

    15 U.S.C. § 77b   Cited 1,335 times   11 Legal Analyses
    Instructing the SEC to consider, "in addition to the protection of investors, whether the action will promote efficiency, competition, and capital formation"
  14. Section 77m - Limitation of actions

    15 U.S.C. § 77m   Cited 921 times   28 Legal Analyses
    Providing limitations period for actions to enforce liability created under § 771
  15. Section 77l - Civil liabilities arising in connection with prospectuses and communications

    15 U.S.C. § 77l   Cited 668 times   9 Legal Analyses
    Authorizing relief if the offering documents contain just one untrue statement of material fact
  16. Section 229.508 - (Item 508) Plan of distribution

    17 C.F.R. § 229.508   Cited 7 times
    Requiring that "each . . . underwriter having a material relationship with the registrant and . . . the nature of the relationship" be disclosed in a registration statement