Legal Opinion
Caviness v. Derand Resources Corp.
Court of Appeals for the Fourth Circuit
Decided January 11, 1993No. 92-1413PublishedCited by 38 opinions
1Opinion of the Court
OPINION
NIEMEYER, Circuit Judge:
We are presented with questions about the proper application of statutes of limitations to securities fraud claims, the principal issues being whether the three-year period of repose contained in § 13 of the Securities Act of 1933 may be extended by a theory of integration1 or tolled by fraudulent concealment or equitable estoppel. *1298We are also presented with the question of whether allegations that state a claim for rescission under § 12(2) of the Securities Act satisfy the requirement of the Racketeer Influenced and Corrupt Organizations Act (RICO) that a loss…
2Cases cited21 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Holmes v. Securities Investor Protection CorporationSupreme Court of the United States · 1992
- Lampf, Pleva, Lipkind, Prupis & Petigrow v. GilbertsonSupreme Court of the United States · 1991
- Glus v. Brooklyn Eastern District TerminalSupreme Court of the United States · 1959
- Blue Sky L. Rep. P 72,496, Fed. Sec. L. Rep. P 93,186 Thorburn Kennedy, Trustee v. Josephthal & Company, Inc., Edward M. Swartz and Fredric SwartzCourt of Appeals for the First Circuit · 1987
16 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Sterlin v. Biomune SystemsCourt of Appeals for the Tenth Circuit · 1998
- Morton's Market, Inc. v. Gustafson's Dairy, Inc.Court of Appeals for the Eleventh Circuit · 1999
- Wolin v. Smith Barney Inc.Court of Appeals for the Seventh Circuit · 1996
- Gasner v. Board of Sup'rs of the County of Dinwiddie, Va.Court of Appeals for the Fourth Circuit · 1996
- Chisolm v. TranSouth Financial Corp.District Court, E.D. Virginia · 2000
33 more not listed; retrieve them via the Exa API.