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MERCK & CO., INC. v. REYNOLDS

Docket No.: 08-905
Certiorari Granted: May 26 2009
Argued: November 30, 2009
Decided: April 27, 2010

Topics:

ERISA, Medicare, RICO, Securities Act of 1933

PartyNames: Merck & Co., Inc., et al. v. Richard Reynolds, et al.
Petitioner: Merck & Co., Inc., et al.
Respondent: Richard Reynolds, et al.

Court Below: United States Court of Appeals for the Third Circuit
Citation: 543 F.3d 150

Merck & Co., Inc., et al.
v.
Richard Reynolds, et al.
Question Presented:

Did the Third Circuit err in holding, in accord with the Ninth Circuit but in contrast to nine other Courts of Appeals, that under the "inquiry notice" standard applicable to federal securities fraud claims, the statute of limitations does not begin to run until an investor receives evidence of scienter without the benefit of any investigation?

Question:

Did the U.S. Court of Appeals for the Third Circuit err in its application of the "inquiry notice" standard?

MERCK & CO., INC. v. REYNOLDS
ORAL ARGUMENT

November 30 2009

Holding: affirmed
Vote: 9-0
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