Legal Opinion

Coleman & Co. Securities, Inc. v. Giaquinto Family Trust

District Court, S.D. New York

Decided September 27, 2002No. 00 CIV. 1632(DC)PublishedCited by 15 opinions

1Opinion of the Court

OPINION

CHIN, District Judge.

This petition to permanently stay a securities arbitration turns on whether the underlying claims are time-barred. The answer in turn depends upon when respondents knew or should have known of the existence of their claims, and thus whether they may receive the benefit of the discovery rule or equitable tolling. For the reasons set forth below, I conclude that respondents had sufficient notice of their claims for a period that exceeds the applicable statutes of limitation, and thus the claims are time-barred as a matter of law. Accordingly, the petitioners’ motions…

2Cases cited36 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  3. Lampf, Pleva, Lipkind, Prupis & Petigrow v. GilbertsonSupreme Court of the United States · 1991
  4. Walker v. Armco Steel Corp.Supreme Court of the United States · 1980
  5. Rothman v. GregorCourt of Appeals for the Second Circuit · 2000

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3Cited by15 opinions

  1. Wells Fargo Bank, N.A. v. Wrights Mill Holdings, LLCDistrict Court, S.D. New York · 2015
  2. Abercrombie v. Andrew CollegeDistrict Court, S.D. New York · 2006
  3. St. John's University, New York v. BoltonDistrict Court, E.D. New York · 2010
  4. Phillips v. TLC Plumbing, Inc.California Court of Appeal · 2009
  5. Pasqualini v. MortgageIT, Inc.District Court, S.D. New York · 2007

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