United States Fifth Circuit

Dismissal, as time-barred, of all claims brought by certain shareholders of a company, relating to defendant's alleged self-dealing and fraud, which resulted in the collapse of the company, is reversed in part where the district court improperly concluded on summary judgment that a reasonable plaintiff should have known that transactions sufficiently raised the specter of fraud as to place him on inquiry notice.

Appellate Information

• Decided 09/11/2006
• Published 09/12/2006

Judges

• EDITH BROWN CLEMENT, Circuit Judge:, Before HIGGINBOTHAM, DENNIS and CLEMENT, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Susan C. Stanley, Shustak, Jalil & Heller, James P. Jalil, Thompson Hine, New York City, Theodore J. Riney, Geary, Porter & Donovan, Addison, TX, David Alexander Browde, Law Offices of David A. Browde, Chappaqua, NY, for Michael and Elaine Margolies., David Henry Pace, Hal S. Sumner, Sumner, Schick & Hamilton, Dallas, TX, for Darwin and Douglas Deason., Stephen G. Wilcox, Law, Snakard & Gambill, Fort Worth, TX, for Neely.