Case for Briefing Dewsnup v. Timm 116 L.Ed. 2d 903, 112 S. Ct. 773 (1992) - Article Example

Only on StudentShare

Extract of sample
Case for Briefing Dewsnup v. Timm 116 L.Ed. 2d 903, 112 S. Ct. 773 (1992)

In 1986 and 1987, plaintiff-respondents filed complaints in the Federal District Court for the District of Oregon, alleging that they were induced to invest in the partnerships by misrepresentations in offering memoranda prepared by petitioner and others in violations of inter alia, 10 (b) of the Securities Exchange Act of 1934 and Rule 10b-5 and further assert that they become aware of the alleged misrepresentations only in 1985.
The court granted summary judgment for the defendants on the ground that the complaints were not timely filed, ruling that the claims were governed by Oregon's 2-year limitations period for fraud claims, the most analogous forum-state statute; that plaintiff-respondents had been on notice of the possibility of fraud as early as 1982; and that there were no grounds sufficient to toll the statute of limitations. The Court of Appeals also selected Oregon's limitations period, but reversed, finding that there were unresolved factual is- sues as to when plaintiff-respondents should have discovered the alleged fraud.
No. The judgment is reversed. The court through Justice Blackmun held that litigation pursuant to 10(b) and Rule 10b-5 must be commenced within one year after the discovery of the facts constituting the violation and within three years after such violation, as provided in the 1934 Act and the Securities Act of 1933.
It is the usual rule that when Congress has failed to pro- vide a statute of limitations for a ...
Download paper


Plaintiff-respondents during 1979 through 1981 purchased units in seven Connecticut limited partnerships formed for the purpose of purchasing and leasing computer hardware and software. The purchase is coupled with expectation of realizing federal income tax benefits…
Author : lowell99

Related Essays

LAW CASE (sheapard v. united states)
In 1933 Major Shepard files a Petition for a Writ of Certiorari. A Writ of Certiorari is a document in which the losing party files with the Supreme Court asking them to review the case from a lower court (Techlaw Journal, 2008). This can be done when the petitioner is dissatisfied with the decisions of the lower courts including the US Court of Appeals. A Writ can be granted at the discretion of the US Supreme Court. The Supreme Court being the highest Court in the Nation has the right to not accept the petition and there has to be some kind of compelling reason for acceptance. In Shepards...
2 pages (502 words) Case Study
The Truth of Love: William Shakespeare’s Sonnet #116
Shakespeare begins this sonnet with a direct quote from the traditional marriage service of this time, “Let me not to the marriage of true minds/ Admit impediments.” (lines 1 & 2). He does this to give the reader direct knowledge of the topic in which he is discussing in this sonnet. This particular sentence was chosen, I believe, because it’s making a particular statement about true love or the meeting of ‘true minds’ and the absence of unconquerable problems when one is involved in a genuine relationship. He reinforces this theme throughout the essay using many literary...
2 pages (502 words) Book Report/Review
Legal Briefing
The Court decided that Neve was not an employee of the newspaper and that she was an independent contractor. Consequently, the decision of the Commissioner of Economic Security was reversed....
2 pages (502 words) Essay
Non Invasive multislice CT Coronary angiography ( Case Study)
2009) have allowed enhanced temporal and spatial resolutions, the images from which could be further enhanced with the use of image reconstruction and analysis software (Gopal et al. 2009)....
12 pages (3012 words) Essay
Ten Commandments case of Stone v. Graham
Being an American individual does not necessarily mean that you are of white, black, red, brown, or yellow complexion, which signify race. The term "American" has no racial insinuations for virtually all Americans trace their roots from distinct nationalities, races and ethnic groups and this complication alone can cause innumerable perplexed things."A Kentucky statute requiring the posting of a copy of the Ten Commandments, purchased with private contributions, on the wall of each public school classroom in the State has no secular legislative purpose, and therefore is unconstitutional as...
2 pages (502 words) Essay
The United States Supreme Court
In this analysis, this is a strong majority opinion and probably not subject to change in the future. Sections 506(a) and 506(d) deal with independent legal issues, the language of 506(a) may not be used to invoke the lien avoiding language of 506(d), and debtors must suffer the burden of such disparities between the value of the underlying collateral and the debt itself. The Court’s holding, it must be noted, was not unanimous. Two Justices, Scalia and Souter, dissented. The dissenting opinion argued that sections 506(a) and 506(d) ought to have been read as complementary sections, that...
2 pages (502 words) Article
Case for Briefing: Kedzie & 103rd Currency Exchange, Inc. v. Hodge 601 N.E.2d 803 (Ill. App. 1 Dist. 1992) Appellate Court of Illinois
The Court had to determine whether the contract was null and void for illegality or whether the contractual obligation was merely voidable, in which case the defense would fail. The drawer of the check was Defendant Beulah M Hodge, the payee was Fred Fentress – A-OK Plumbing. The firm that cashed the check was Kedzie and 103 rd Exchange, which would qualify as a holder in due course. Under the Uniform Commercial Code, all commercial instruments including checks are meant to be freely negotiable, therefore a valid holder in due course should be able to accept the instrument free of all...
2 pages (502 words) Article
Got a tricky question? Receive an answer from students like you! Try us!