stating that while the statute of limitations is an affirmative defense, if a plaintiff "pleads facts that show his suit is time-barred or otherwise without merit, he has pleaded himself out of court."
Summary of this case from Freeman v. GuyNo. 93-1524.
May 16, 1994.
C.A. 7th Cir. Certiorari denied. Reported below: .12 F 3d 717.
stating that while the statute of limitations is an affirmative defense, if a plaintiff "pleads facts that show his suit is time-barred or otherwise without merit, he has pleaded himself out of court."
Summary of this case from Freeman v. Guyapplying rule to statute of limitations defense
Summary of this case from Moretto v. Samaritan Health SystemFull title:TREGENZA ET AL. v. GREAT AMERICAN COMMUNICATIONS CO. ET AL
Court:U.S.
Date published: May 16, 1994
Whirlpool, 67 F.3d at 608. Accord Tregenza v. Great Am. Communications Co., 12 F.3d 717, 718 (7th Cir. 1993)…
In re Valence Technology, Inc. Securities LitigationFurthermore, it appears that every appellate court which has addressed the issue since the Supreme Court's…