The First District recently discussed the reach of the discovery rule in the course of dismissing a plaintiff’s fraud claims on statute of limitations grounds. The plaintiff in Cox v. Jed Capital, LLC, 2016 IL App (1st) 153397-U, brought a slew of business tort claims when he claimed his former employer understated its value in …
Tag Archives: discovery rule
Lawyer’s Breach of Fiduciary Duty and Constructive Trust Claim Against Ex Law Partner Barred By 5-Year Statute of Limitations
Jimmy Connors is one of my all-time favorite tennis players and professional athletes. Not just because he was such a fiery competitor who seemed to literally spill his blood and guts every time he took the court. But because of his racket. In an era dominated by space-age racket technologies like Kevlar, ceramics and …
BMW Dealership Defeats Fraud Suit On Statute of Limitations Grounds (ND IL)
Occasionally, I’ll have a case that appears to be governed by two or more conflicting statutes of limitations. For example, one statute will give a plaintiff four years to file suit while an apparently equally applicable one compresses the time to sue to two years. As plaintiff, I usually (not always) argue for the longer limitations period to apply, while as …
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