Predicting SCOTUS In Merck V. Reynolds

Law360, New York (February 16, 2010, 1:51 PM EST) -- On Nov. 30, 2009, the U.S. Supreme Court heard oral argument in the case of Merck & Co. v. Reynolds, Case No. 09-905. The case involves the application of 28 U.S.C. § 1658(b), which sets the statute of limitations for federal securities fraud claims as the shorter of: (1) two years after “the discovery of the facts constituting the violation”; or (2) five years “after such violation.”

The core issue on appeal concerns the first prong of Section 1658(b), and involves the meaning of the phrase...
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