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- Subject: LAMPF v. GILBERTSON, Syllabus
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-
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- NOTE: Where it is feasible, a syllabus (headnote) will be released, as
- is being done in connection with this case, at the time the opinion is
- issued. The syllabus constitutes no part of the opinion of the Court but
- has been prepared by the Reporter of Decisions for the convenience of the
- reader. See United States v. Detroit Lumber Co., 200 U. S. 321, 337.
- SUPREME COURT OF THE UNITED STATES
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- Syllabus
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- LAMPF, PLEVA, LIPKIND, PRUPIS & PETIGROW v. GILBERTSON et al.
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- certiorari to the united states court of appeals for the ninth circuit
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- No. 90-333. Argued February 19, 1991 -- Decided June 20, 1991
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- During 1979 through 1981, plaintiff-respondents purchased units in seven
- Connecticut limited partnerships, with the expectation of realizing federal
- income tax benefits. Among other things, petitioner, a New Jersey law
- firm, aided in organizing the partnerships and prepared opinion letters
- addressing the tax consequences of investing. The partnerships failed,
- and, subsequently, the Internal Revenue Service disallowed the claimed tax
- benefits. 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 violation of, inter alia,
- MDRV 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5, and
- asserting that they became 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 issues as to when plaintiff-respondents
- should have discovered the alleged fraud.
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- Held: The judgment is reversed.
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- 895 F. 2d 1418, reversed.
-
- Justice Blackmun delivered the opinion of the Court with respect to
- Parts I, II-B, III, and IV, concluding that:
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- 1. Litigation instituted pursuant to MDRV 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. State-borrowing principles should
- not be applied where, as here, the claim asserted is one implied under a
- statute also containing an express cause of action with its own time
- limitation. The 1934 Act contemporaneously enacted a number of express
- remedial provisions actually designed to accommodate a balance of interests
- very similar to that at stake in this litigation. And the limitations
- periods in all but one of its causes of action include some variation of a
- 1-year period after discovery combined with a 3-year period of repose.
- Moreover, in adopting the 1934 Act, Congress also amended the 1933 Act,
- adopting the same structure for each of its causes of action. Neither the
- 5-year period contained in the 1934 Act's insider-trading provision, which
- was added in 1988, nor state-law fraud provides a closer analogy to MDRV
- 10(b). Pp. 7-11.
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- 2. The limitations period is not subject to the doctrine of equitable
- tolling. The 1-year period begins after discovery of the facts
- constituting the violation, making tolling unnecessary, and the 3-year
- limit is a period of repose inconsistent with tolling. Pp. 12-13.
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- 3. As there is no dispute that the earliest of plaintiff-respondents'
- complaints was filed more than three years after petitioner's alleged
- misrepresentations, plaintiff-respondents' claims were untimely. P. 13.
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- Blackmun, J., delivered the opinion of the Court with respect to Parts I,
- II-B, III, and IV, in which Rehnquist, C. J., and White, Marshall, and
- Scalia, JJ., joined, and an opinion with respect to Part II-A, in which
- Rehnquist, C. J., and White and Marshall, JJ., joined. Scalia, J., filed
- an opinion concurring in part and concurring in the judgment. Stevens, J.,
- filed a dissenting opinion, in which Souter, J., joined. O'Connor, J.,
- filed a dissenting opinion, in which Kennedy, J., joined. Kennedy, J.,
- filed a dissenting opinion, in which O'Connor, J., joined.
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