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9th U.S. Circuit Court of Appeals

Apr. 12, 2023

US judge wrongly applied statute of limitations on securities class action

If facts relevant to the claim are discovered after the statute of limitations has expired, the claim should still be considered timely, 9th U.S. Circuit Judge Jay S. Bybee wrote for the panel.

A federal judge incorrectly applied the statute of limitations guidelines when dismissing a securities class action against HP Inc., a 9th U.S. Circuit Court of Appeals panel held in an opinion published Tuesday.

If facts relevant to the claim are discovered after the statute of limitations has expired, Bybee explained, the claim should still be considered timely, Circuit Judge Jay S. Bybee wrote for the panel.

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