Topic
Discovery Rule
29 published works
Drug & Device Law
Discovery Rule Rules the Day on Statute of Limitations Motion to Dismiss
Geographical pride. A feeling of community. Belonging. Being one of the locals. We all experience it to some degree. Sometimes you take it with you. Like wearing your favorite Roll…
Ohio Appellate Insights
What’s On Their Minds: Should Ohio’s Discovery Rule Toll Claims Involving Latent Brain Diseases Like CTE? Steven Schmitz et al v. National Collegiate Athletic Association et al.
Update: On October 31, 2018, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here. On April 11, 2018, the Supreme Court of…
The Fiduciary Litigator
Court Rejects Claim That Mortgage Lender Owed Fiduciary Duties To Borrower And Addressed The Discovery Rule For The Statute of Limitations
In Wakefield v. Bank of Am., N.A., a borrower stopped paying on her mortgage because she felt she was assisting in a fraud. No. 14-16-00580-CV, 2018 Tex. App. LEXIS 545…
TortsProf Blog
NY: Revised Lavern’s Law Approved by Legislature
A scaled-back version of Lavern's Law, adopting the discovery rule, has passed the legislature in New York. The approved bill is more modest than the proposed bill in two ways.…
TortsProf Blog
NY: “Lavern’s Law,” the Attempt to Move to a Med Mal Discovery Rule
New York is one of the few remaining jurisdictions that does not have a discovery rule for its medical malpractice statute of limitations. For the past several years, a bill…
CEQA Developments
Discovery Rule Does Not Postpone Accrual of CEQA Cause of Action; Events Specified In CEQA Statute of Limitations Provide Constructive Notice of Project Approval or Commencement
In a short but significant published opinion filed July 19, 2016, the First District Court of Appeal affirmed the San Francisco County Superior Court’s judgment of dismissal following the sustaining…
The Fiduciary Litigator
To Invoke the Discovery Rule, a Plaintiff Must Have Objectively Verifiable Evidence to Support the Underlying Claim
In Moczygemba v. Moczygemba, a mother sold a ranch to two sons and later sued them for breach of fiduciary duty for not disclosing to her that the deeds also…
Energy & the Law
Texas Supreme Court Relaxes Its Grip on the Discovery Rule
Co-author Sandra L. Mazan The Texas Supreme Court – that elephants’ graveyard of claims and causes of action – has sided with a lessor-plaintiff who relied on the discovery rule to…
Drug & Device Law
Later is not Better than Never
We do not devote a lot of space to statute of limitations cases. That is not because they are unimportant. To the contrary, statutes of limitations serve fundamental principles of…
Energy & the Law
Rumsfeld, Morrison and the Discovery Rule in Texas
As Donald Rumsfeld teaches, knowledge can be divided into three categories: Known knowns; things that we know that we know; known unknowns; that is to say, we know there are…