Paul Edwards v. McMillen Capital, LLC
Securities Jurisdiction
Whether the Court of Appeals for the Second Circuit ruled contrary to prior holdings of the Supreme Court, other Circuits, and state courts on the statute of limitations for TILA, CUTPA, negligence, NIED, and breach of implied covenant claims
QUESTIONS PRESENTED , : STATUTE OF LIMITATIONS . : ; IL Did The Court of Appeals for the Second Circuit rule contrary to and in conflict with. prior holdings of The . Supreme Court of The United States, The Court of Appeal for The Second Circuit, other Circuits and The State Court of Last : . ; Resort, on the same important federal questions and State Law when it held i) Edwards’ TILA and CUTPA claims are barred by the statute of limitations. ii) Edwards’ Negligence, NIED and Breach of The Implied Covenant of Good Faith and Fair Dealing, failed to state a cognizable claim? IN THE ALTERNATIVE . . ; Il. Should The Court of Appeals for the Second = |. ; Circuit have reversed and remanded with instructions to grant Edwards his first leave to amend? : | . ii.