Legal Opinion
Butler v. Deutsche Morgan Grenfell, Inc.
New Mexico Court of Appeals
Decided April 25, 2006No. 25,556; 25,557; 25,558PublishedCited by 42 opinions
1Opinion of the Court
OPINION
PICKARD, Judge.
{1} In this case, we examine the pleading requirements for asserting the discovery rule in response to a motion to dismiss on the ground that a claim is time barred. We hold that a plaintiff must respond to such a motion with general factual allegations that, if proved, would successfully defeat the statute of limitations defense. We also examine whether a stay entered in this case tolled the statutes of limitations and whether the appellant is entitled to invoke the equitable tolling rule applicable to class action plaintiffs. Because neither of these latter theories…
2Cases cited18 opinions
- American Pipe & Construction Co. v. UtahSupreme Court of the United States · 1974
- Crown, Cork & Seal Co. v. ParkerSupreme Court of the United States · 1983
- Aldrich v. McCulloch Properties, Inc.Court of Appeals for the Tenth Circuit · 1980
- Reflectone, Inc. v. Farrand Optical Company, Inc., Farrand Industries, Inc.Court of Appeals for the Eleventh Circuit · 1989
- Williams v. StewartNew Mexico Court of Appeals · 2005
13 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Elm Ridge Exploration Company v. EngleCourt of Appeals for the Tenth Circuit · 2013
- Anderson Living Trust v. WPX Energy Production, LLCDistrict Court, D. New Mexico · 2014
- In re Packaged Seafood Products Antitrust LitigationDistrict Court, S.D. California · 2017
- Nowell v. Medtronic Inc.District Court, D. New Mexico · 2019
- State v. KerbyNew Mexico Supreme Court · 2007
37 more not listed; retrieve them via the Exa API.