Levy v. BASF Metals, Ltd., No. 17-3823 (2d Cir. 2019)Annotate this Case
The Second Circuit affirmed the district court's dismissal of plaintiff's second amended complaint, alleging claims under the Commodities Exchange Act, the Racketeer Influenced and Corrupt Organizations Act, the Sherman Act, and New York law related to alleged manipulation of the platinum futures market. At issue in this appeal were the Commodities Exchange Act claims.
The court held that the Commodities Exchange Act claims accrued when plaintiff discovered her injury in 2008, not when she discovered the manipulation scheme she alleged or the identity of defendants. Therefore, the claims were time-barred because the limitations period on those claims expired in 2010, well before she filed her lawsuit.