No. 19-397

Susan Levy v. BASF Metals Limited, et al.

Lower Court: Second Circuit
Docketed: 2019-09-24
Status: Denied
Type: Paid
Response Waived
Tags: american-pipe-tolling civil-procedure class-action commodity-exchange-act discovery-accrual-rule discovery-rule due-process equitable-tolling opt-out rico statute-of-limitations
Key Terms:
Arbitration Antitrust DueProcess Securities ClassAction JusticiabilityDoctri
Latest Conference: 2019-11-15
Question Presented (from Petition)

The issues-presented are important because they
concern individual rights, a principal that our founders
used to establish our Democracy that allowed a person
to protect her own interests, free from the shackles of
group think. The time has come to address investor rights
in a meaningful way. Many investors have suffered in
silence by experiencing monetary losses without even
understanding how. Class actions are one avenue of
recovery, but in some cases, an investor's chances of a full
recovery as a class member may be described as riding
on a wing and a prayer. Whether through pension funds
or as in petitioner's own case by attempting to invest on
her own; investors would now like to realize their right
to proceed in court when necessary and individually.
Therefore, petitioner seeks resolution of the following
questions:

1. Whether the lower courts erred in failing to apply
American Pipe tolling to petitioner's opt-out
case?

2. Whether the lower courts erred in refusing to
apply the Discovery Accrual Rule to petitioner's
Commodity Exchange Act ("CEA") claims?

A. Whether petitioner's monetary losses in her
customer account constituted Actual Notice
of her federal claims?

B. Whether petitioner's monetary losses in her
customer account standing alone constituted
Inquiry Notice or "Storm Warnings" of her
federal claims?

3. Whether the lower courts erred in refusing to
apply the Discovery Accrual Rule to petitioner's
RICO case?

4. Whether the lower courts erred in refusing to
apply the doctrine of Equitable Tolling based on
Fraudulent Concealment to all federal claims?

5. Whether the lower courts erred in failing to
consider petitioner's due process rights as an
opt-out from a companion class action In re
Platinum & Palladium Antitrust Litigation,
1:14-cv-09391, 2017 WL 116962 (S.D.N.Y. 2017)
when dismissing her case as untimely.

6. Whether petitioner is still a bona fide member of
the Class Action in In re Platinum & Palladium
II, even though her individual case has been
dismissed?

Question Presented (AI Summary)

Whether the lower courts erred in failing to apply American Pipe tolling to petitioner's opt-out case?

Docket Entries

2019-11-18
Petition DENIED.
2019-10-30
DISTRIBUTED for Conference of 11/15/2019.
2019-10-24
Waiver of right of respondents Goldman Sachs International; Goldman Sachs Groups, Inc., et al. to respond filed.
2019-09-19
Petition for a writ of certiorari filed. (Response due October 24, 2019)
2019-07-15
Application (19A40) granted by Justice Ginsburg extending the time to file until September 19, 2019.
2019-07-03
Application (19A40) to extend the time to file a petition for a writ of certiorari from July 21, 2019 to September 19, 2019, submitted to Justice Ginsburg.

Attorneys

Goldman Sachs International; Goldman Sachs Groups, Inc., et al.
Stephen EhrenbergSullivan & Cromwell, LLP, Respondent
Susan Levy
Susan Joan LevyLevy & Levy, Petitioner