discovery rule statute of limitations
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In Gabelli v. Securities & Exchange Commission, No. 11-1274, 2013 WL 691002 (U.S. Feb. 27, 2013), the United States Supreme Court, in a unanimous opin...
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Legal malpractice, breach of contract, unjust enrichment, statute of limitations, discovery rule, termination rule.
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CASE FACTS: On March 30, 1979, David Carriveau fractured his left arm damaging soft tissue and the radial nerve. Dr. Robert Mandell performed an open ...
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discovery rule, statute of limitations, summary judgment, directed verdict
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CASE FACTS: Jean and Josephine Jaurequi brought suit for medical malpractice against Memorial Hospital of Sweetwater County and Dr. Joseph Oliver. The...
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The discovery rule tolled the statute of limitations in a lawsuit against a lawyer who allegedly provided bad advice in the preparation of an estate plan, the Rhode Island has ruled in reversing a dismissal.
The plaintiff and her husband retained the defendant to prepare an estate plan in 1999. Under the plan, the couple quitclaimed two adjoining lots of land to a trust.
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Consumer Sales Protection Act; R.C. 1345.10(C); homeowner claimed builder engaged in deceptive act by promising to repair home and failing to make the repairs; two-year statute of limitations barred claim; discovery rule did not apply to claim for monetary damages; statute of limitations runs from the date of the initial home construction.
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Trial court properly granted summary judgment finding that appellants failed to file their claims before the running of the applicable statute of limitations and the discovery rule is not applicable to toll the statute of limitations.
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Intentional tort- discovery rule - statute of limitations.
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ORDINARILY STATUTES OF LIMITATION TIME BAR FILING SUITS. If a plaintiff files suit after a statute of limitations has run, he is forever barred from p...