News & Analysis as of

Summary Judgment Discovery Rule

White and Williams LLP

Out of Sight, Out of Mind: Texas Court Finds Construction Defect Claims Were Inherently Undiscoverable, Tolls Statute of...

In Morningside Ministries v. Koontz McCombs Construction, Ltd., No. 08:23-00332-cv, 2025 Tex. App. Lexis 3584 (Morningside), the Court of Appeals of Texas (Court of Appeals) considered whether the plaintiff’s construction...more

Winstead PC

The Texas Supreme Court Affirms A Summary Judgment For A Fiduciary Defendant Based On The Statute Of Limitations And The Duty To...

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The Court noted that a claim generally accrues when the defendant’s wrongful conduct causes the claimant to suffer a legal injury. Id. The Court also noted that the discovery rule can defer accrual of limitations...more

White and Williams LLP

Original and Subsequent Homeowners in Rhode Island Are Subject to the Same Rules for Determining How Long a Breach of Implied...

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In Mondoux v. Vanghel, No. 2018-219, 2021 R.I. LEXIS 2, 2021 WL 264542, the Supreme Court of Rhode Island considered whether to apply the “discovery rule” to toll the ten year statute of limitations in R.I. Laws § 9-1-13(a)...more

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Court Reverses Summary Judgment On Breach Of Fiduciary Duty Claim Because There Was A Fact Issue On The Running Of The Statute Of...

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In Melton v. Waddell, a sister sued her brother for breach of fiduciary duty for misapplying funds in a joint account and not properly allocating revenues from real estate that they owned as tenants in common. No....more

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Statute of Limitations Barred Estate Representative’s Claim To Void Beneficiary Designations

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In Sanders v. Hathaway, the decedent’s estate’s representative sued her sister for various claims arising from the decedent’s beneficiary designation changes, deed transfers, and accounts payable on death changes that...more

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Court Rejects Claim That Mortgage Lender Owed Fiduciary Duties To Borrower And Addressed The Discovery Rule For The Statute of...

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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 (Tex. App.—Houston [14th Dist.] January 18, 2018, no...more

Cozen O'Connor

Massachusetts Court Refuses to Apply Discovery Rule to Commencement of the Suit Limitations Period

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Monday, in Nurse v. Omega U.S.  Insurance., Inc., 2015 Mass. App. LEXIS 158, 2015 WL 5774390 (Mass.App., Oct. 5, 2015), a unanimous panel of Massachusetts’ intermediate level appellate court held that the two-year suit...more

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