Editor's Note :

Editor's Note :

In previous years, the Court released orders the morning after the Court’s “Long Conference.” It has not done so this year. Beginning last Term, the Court consistently considered petitions at least two times before granting certiorari. To the extent that practice continues -- and there is no affirmative evidence the Court intends to drop it -- so we are again doubtful that certiorari will be granted in any cases today.

Merck & Co., Inc. v. Reynolds

Docket No. Op. Below Argument Opinion Vote Author Term
08-905 3rd Cir. Nov 30, 2009
Tr.
Apr 27, 2010 9-0 Breyer OT 2009

Holding: The time for a plaintiff to file a federal securities fraud lawsuit begins to run as soon as a plaintiff discovers (or should have discovered) the facts showing a violation of the Securities Exchange Act. A false statement affecting stock prices is not enough to violate the securities law; the defendant must know that the statement was false. As a result, the time to sue does not start to run simply because the plaintiff knows that the statement is false; the time runs only once the plaintiff discovers that the defendant knew that the statement was false.

Judgment: Affirmed, 9-0, in an opinion by Justice Stephen Breyer on April 27, 2010. Justice Stevens filed an opinion concurring in part and concurring in the judgment. Justice Scalia filed a second opinion concurring in part and concurring in the judgment, in which Justice Thomas joined.

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