· 4/19/2005
Dr. Linda A. Rodrigue v. Olin Employees Credit Union, Cross-Appellee
Citations
- 406 F.3d 434
- 57 U.C.C. Rep. Serv. 2d (West) 392
- 2005 U.S. App. LEXIS 6709
- 2005 WL 949061
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that the statute of limitations is triggered at the negotiation of a check that is part of an embezzlement scheme
- finding that hundreds of “cashed or deposited . . . checks over an 85- month period” each constituted individual causes of action
- noting that the continuing-violation rule “does not apply to a series of discrete acts, each of which is independently actionable, even if those acts form an overall pattern of wrongdoing”
- noting -that the vast majority of jurisdictions have refused to apply the discovery rule to conversion claims
- describing the theory as applying where “a cause of action arises not from individually identifiable wrongs but rather from a series of acts considered collectively”
- same reasons to reject application of discovery rule to claims of check conversion also serve to reject application of continuing violation rule
Source: CourtListener parenthetical corpus (CC0).
Judges: Manion, Rovner, Wood
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.