THE TIMELINESS OF FILING A PRIVATE SECURITIES FRAUD VIOLATION DEPENDS UPON THE ACTUAL OR CONSTRUCTIVE DISCOVERY OF SCIENTERRELATED FACTS: MERCK & CO. INC. V. REYNOLDS

BY KAREN KANE

The Supreme Court of the United States affirmed a judgment of the Court of Appeals for the Third Circuit against Merck & Co. by holding that the complaint filed by the investors was not barred by the limitations period but was timely because the investors had not discovered the scienter facts material to the violation by either actual or constructive discovery.
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