Legal Opinion
W. Kenneth Tregenza, James E. Haas, and Erwin B. Seegers v. Great American Communications Company and Shearson Lehman Brothers, Incorporated
Court of Appeals for the Seventh Circuit
Decided December 23, 1993No. 93-2341PublishedCited by 244 opinions
1Opinion of the Court
POSNER, Chief Judge.
Section 9(e) of the Securities Exchange Act of 1934, 15- U.S.C. § 78i(e), requires that suits to enforce the substantive provisions of section 9 be brought “within one year after the discovery of the facts constituting the violation and within three years after such violation.” The Supreme Court has held that section 9(e) supplies, as well, the statute of limitations (more properly called, in the case of the three-year cutoff, a statute of repose) for suits brought under the SEC’s Rule lob-5, which was promulgated under section 10(b) of the Act, 15 U.S.C. § 78j(b), a…
2Cases cited28 opinions
- Gomez v. ToledoSupreme Court of the United States · 1980
- Holmberg v. ArmbrechtSupreme Court of the United States · 1946
- Lampf, Pleva, Lipkind, Prupis & Petigrow v. GilbertsonSupreme Court of the United States · 1991
- Emil J. Bartholet v. Reishauer A.G. (Zurich) and Reishauer Corporation (Elgin)Court of Appeals for the Seventh Circuit · 1992
- Donald E. EARLY, Plaintiff-Appellant, v. BANKERS LIFE AND CASUALTY COMPANY, Defendant-AppelleeCourt of Appeals for the Seventh Circuit · 1992
23 more not listed; retrieve them via the Exa API.
3Cited by244 opinions
- Nicholas La Grasta, Domenico La Grasta, and Mauro La Grasta, on Behalf of Themselves and All Others Similarly Situated v. First Union Securities, Inc.Court of Appeals for the First Circuit · 2004
- Hensley Manufacturing, Inc. v. Propride, Inc.Court of Appeals for the Sixth Circuit · 2009
- Merck & Co. v. ReynoldsSupreme Court of the United States · 2010
- Shawn Owens v. William E. Boyd, Warden, Western Illinois Correctional CenterCourt of Appeals for the Seventh Circuit · 2000
- New England Health Care Employees Pension Fund, on Behalf of Itself and All Others Similarly Situated v. Ernst & Young, LLPCourt of Appeals for the Sixth Circuit · 2003
239 more not listed; retrieve them via the Exa API.