LAW 3111H Lecture Notes - Lecture 21: Prima Facie, Rofecoxib
Document Summary
Prima facie case: this is enough that if nothing else was presented, you would win your case if you established this. Don"t want investors shifting losses on claim misinformation. Statute of limitations imposed at some point in time it doesn"t make any sense to take argument/ grief into court. May be brought two years after discovery of facts but no later than five years after such violation ex) never ending battery for apple you know they are lying; ou wait 2. 5 years to sue (can you sue?) No because five years after violations whichever clock runs out first? fraud occurs - five years limit discover fraud - 2 year clock. Merck & co knowingly misrepresented the risks of heart attacks accompanying use of pain killing drug vioxx. Causation - yes you would need to show stock went down/ did it cause you to lose money? dropped by 27%!!! (plummeted)
