The discovery rule did not apply to extend the time frame for the Securities and Exchange Commission to bring an enforcement action against those who allegedly aided and abetted investment adviser fraud, a unanimous U.S. Supreme Court has ruled.
WASHINGTON – The justices of the U.S. Supreme Court seemed disinclined to allow the Securities and Exchange Commission to file an action for civil penalties nearly a decade after the alleged conduct took place.
The U.S. Supreme Court will decide when the limitations period applicable to a penalty action brought by the federal government commences to run in the absence of a separate controlling provision enacted by Congress.
The discovery rule tolled the statute of limitations in a lawsuit against a lawyer who allegedly provided bad advice in the preparation of an estate plan, the Rhode Island Supreme Court has ruled in reversing a dismissal.
The discovery rule may have tolled the statute of limitations on a legal malpractice claim challenging an attorney’s failure to call corroborating witnesses at a key divorce hearing, the 3rd Circuit has ruled in reversing a summary judgment.
The statute of limitations for a medical malpractice claim began to run from the date of the plaintiff’s surgery rather than the date that a second injury revealed the defendant’s negligence, the Idaho Supreme Court has ruled in affirming a dismissal.
The statute of limitations on a federal lawsuit against a debt collection agency was tolled until the plaintiff first discovered that the agency may have made wrongful disclosures to her employer, the 9th Circuit has ruled in reversing a dismissal.