Berry v. Valence Technology, Inc.
Court of Appeals for the Ninth Circuit
1Opinion of the Court
FLETCHER,. Circuit Judge:
Plaintiffs, a class of persons who purchased stock in Valence Technology, Inc. (Valence) within a specified 27-month period, sued Valence and several of its officers for securities fraud in violation of section 10(b) of the Securities and Exchange Act of 1934. The district court granted Va*701lence’s motion for summary judgment, holding that Plaintiffs’ claims were barred by the statute of limitations because Plaintiffs were on “inquiry notice” of the possibility of fraud more than one year before they filed suit. On appeal, Plaintiffs argue that “actual discovery,” not…
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