DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
133315P.pdf 09/01/2015 Herschel Zarecor v. Morgan Keegan & Company
U.S. Court of Appeals Case No: 13-3315
U.S. District Court for the Eastern District of Arkansas - Little Rock
[PUBLISHED] [Colloton, Author, with Wollman and Benton, Circuit Judges]
Civil case - Securities Fraud. In action against lead underwriter for two
mutual funds alleging the underwriter misrepresented the policies,
structure and quality of the funds in violation of Arkansas, New Jersey
and federal law, the district court did not err in determining the claims
were time-barred under Arkansas and federal law; plaintiffs' pursuit of
arbitration did not toll the federal statute of limitations; with respect
to claim under New Jersey law, the claim was timely filed, and the
district court erred in dismissing it; claims were untimely under Arkansas
Code Sec.23-42-106(f) and were properly dismissed; order denying leave to
amend is reversed and the matter is remanded to the district court to
consider the motion anew in light of this decision.