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Denise Mccann v. Hy-Vee, Inc

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ARGUED SEPTEMBER 22, 2011

Before POSNER, FLAUM, and SYKES, Circuit Judges.

This appeal concerns statutory deadlines for filing federal securities suits, in the some- what unusual context of a divorce. The district judge dismissed the suit with prejudice on the ground that it was time-barred. The principal question raised by the appeal is whether the period in which a private suit for a federal securities violation may be brought begins with the fraud or other misconduct on which the suit is based or not until a harm befalls the plaintiff from the misconduct. The Supreme Court has thus far declined to answer the question. See Merck & Co. v. Reynolds, 130 S. Ct. 1784, 1796 (2010). (It noted the government’s position that the time begins to run on the earlier date. Id.)

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