B&G Foods North America, Inc. v. Kim Embry

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• explaining that, under the discovery rule, a cause of action accrues when a plaintiff “knew, or in the exercise of reasonable diligence should have known, of the factual basis for a cause of action”
• setting out factors relevant to determining whether a fiduciary duty exists in context of client and broker
• “factual disputes concerning when a plaintiff knew or should have known of his cause[s] of action are to be resolved by the jury”
• statute of limitations tolled until plaintiff receives “actual knowledge” of facts giving rise to cause of action if wrongdoer is fiduciary and has breached duty of disclosure
• scope of fiduciary duty depends on degree of discretion customer entrusts to broker
• whether broker has assumed general fiduciary obligations of discretionary account is fact-based inquiry

Source: CourtListener parenthetical corpus (CC0).