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Merck and Co. Vs. Reynolds
Cites for this judgment
- US Supreme Court
- Apr 27, 2010
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Merck & Co. v. ReynoldsSearch
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Syllabus October Term, 2009 Merck & Co. V. ReynoldsSearch
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Lampf, Pleva, Lipkind, Prupis & Petigrow v. GilbertsonSearch
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statute. Normally, when Congress enacts statutes, it is aware of relevant judicial precedent. See, e.g., Edelman v. LynchburgSearch
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Ernst & Ernst v. HochfelderSearch
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See Tellabs, Inc. v. MakorSearch
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J., filed an opinion concurring in part and concurring in the judgment, in which Thomas, J., joined. Merck & Co. v. ReynoldsSearch
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Opinion of the Court Merck & Co. V. ReynoldsSearch
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Supreme Court of the United States No. 08-905 Merck & Co., Inc., Et Al., Petitioners V. RichardSearch
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Merck sought review in this Court, pointing to disagreements among the Courts of Appeals. Compare Theoharous v. FongSearch
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of the need for investigation), with Shah v. MeekerSearch
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Brief any citation in this list with AI Studio
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internal quotation marks omitted)), and New England Health Care Employees Pension Fund v. ErnstSearch
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Bay Area Laundry and Dry Cleaning Pension Trust Fund v. FerbarSearch
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Corp. of Cal. , 522 U. S. 192 , 201 (1997) (citing Clark v. IowaSearch
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Kirby v. LakeSearch
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see, e.g., United States v. KubrickSearch
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but also to the hypothetical discovery of facts a reasonably diligent plaintiff would know. See, e.g., Peacock v. BarnesSearch
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Davis v. HiberniaSearch
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Roether v. NationalSearch
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Goldenberg v. BacheSearch
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Mobley v. HallSearch
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Tregenza v. GreatSearch
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J. Geils Band Employee Benefit Plan v. SmithSearch
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by looking to other limitations periods in the federal securities laws. Lampf, Pleva, Lipkind, Prupis & Petigrow v. GilbertsonSearch
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facts, but also when a hypothetical reasonably diligent plaintiff would have discovered them. See, e.g., Law v. MedcoSearch
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Dodds v. CignaSearch
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plaintiff knows, but also the facts any reasonably diligent plaintiff would know . See, e.g., Staehr v. HartfordSearch
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Sudo Properties, Inc. v. TerrebonneSearch
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assume that, when Congress enacts statutes, it is aware of relevant judicial precedent. See, e.g., Edelman v. LynchburgSearch
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Commissioner v. KeystoneSearch
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Postal Service Bd. of Governors v. AikensSearch
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U. S. 711 , 716 (1983) (quoting Edgington v. FitzmauriceSearch
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not merely innocently or negligently. See Tellabs, Inc. v. MakorSearch
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And some, but not all, Courts of Appeals have used the term in roughly similar ways. See, e.g., Franze v. EquitableSearch
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Fujisawa Pharmaceutical Co. v. KapoorSearch
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Great Rivers Cooperative of Southeastern Iowa v. FarmlandSearch
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for all plaintiffs. Cf. United States v. MackSearch
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b) complaint that satisfies the applicable heightened pleading standards. Cf. Young v. LeponeSearch
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in at least five Circuits already ask this kind of question in securities fraud cases. See, e.g. , Rothman v. GregorSearch
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Sterlin v. BiomuneSearch
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Marks v. CDWSearch
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have triggered the statute of limitations. The judgment of the Court of Appeals is Affirmed. Merck & Co. v. ReynoldsSearch
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s excellent opinion. Merck & Co. v. ReynoldsSearch
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reasonable diligence, should have discovered the facts giving rise to his claim. See, e.g. , Wood v. CarpenterSearch
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Lampf, Pleva, Lipkind, Prupis & Petigrow v. GilbertsonSearch
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Edelman v. LynchburgSearch
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