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· 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 CourtListener

Sourced 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.