Year: 1983
Type: article
Abstract: In recent yearsfederal courts have with increasingfrequency considered the fraudulent concealment doctrine as a means of tolling statutes of limitations.Under this federal doctrine, the limitations period does not run until theplaintff disco vers or, through the exercise of due diligence, should have discovered a cause of action concealed by the defendant.In this article, Professor Marcus observes that although the application of the fraudulent concealment doctrine appears disarmingly simple, it has confounded courts and litigants alike.Professor Marcus ident~fies instances of disparate applications of thefraudulent concealment doctrine, and then suggests how courts can consistently apply the doctrine in a way that comports with the underlying purposes of statutes of limitations.
Source: bepress Legal Repository
Author: Richard L. Marcus
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W821232968