Fraudulent concealment
Fraudulent concealment is a common law doctrine that may be invoked to toll a statute of limitations. Under this doctrine, if a defendant has concealed his misconduct, then the limitations period shall start from the point when the plaintiff discovers his claim, or should have discovered it with due diligence.[1] It is similar to the equitable estoppel doctrine.[2]
The United States Supreme Court first adopted the fraudulent concealment doctrine as a federal common law matter in the 1874 case Bailey v. Glover. The doctrine was notably raised in cases related to the Watergate scandal; E. Howard Hunt unsuccessfully invoked it in a malpractice suit against his defense lawyer, and journalist Hedrick Smith successfully used it in an illegal wiretapping case against Richard Nixon and others. Since then, it has increased in popularity.[1]
References
[edit]- ^ a b Marcus, Richard L. "Fraudulent Concealment in Federal Court: Toward a More Disparate Standard?". UC Hastings Scholarship Repository. Retrieved 2 May 2023.
- ^ Rooney, Mark E. "The Many Ways to Extend a Limitations Period". American Bar Association. Retrieved 2 May 2023.
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