‘Discovery rule’ tolls Fair Debt Act claim
The statute of limitations on a federal lawsuit against a debt collection agency was tolled until the plaintiff first discovered that the agency may have made wrongful disclosures to her employer, the...
View ArticleMedical malpractice suit time-barred
The statute of limitations for a medical malpractice claim began to run from the date of the plaintiff’s surgery rather than the date that a second injury revealed the defendant’s negligence, the Idaho...
View ArticleLegal malpractice suit may not be time-barred
The discovery rule may have tolled the statute of limitations on a legal malpractice claim challenging an attorney’s failure to call corroborating witnesses at a key divorce hearing, the 3rd Circuit...
View ArticleLawyer can be sued for negligent estate planning
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 Supreme Court has ruled in...
View ArticleJustices to decide when government penalty action accrues
The U.S. Supreme Court will decide when the limitations period applicable to a penalty action brought by the federal government commences to run in the absence of a separate controlling provision...
View ArticleJustices hint that SEC claim is time-barred
WASHINGTON – The justices of the U.S. Supreme Court seemed disinclined to allow the Securities and Exchange Commission to file an action for civil penalties nearly a decade after the alleged conduct...
View ArticleSEC enforcement action time-barred, justices rule
The discovery rule did not apply to extend the time frame for the Securities and Exchange Commission to bring an enforcement action against those who allegedly aided and abetted investment adviser...
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