Guilbert v. Gardner

How courts have described this case

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

• noting that under the “[diligence‐]discovery rule, . . . a plaintiff’s cause of action accrues when he discovers, or with due diligence should have discovered, the injury that is the basis of the litigation”
• “A cause of action for breach of contract ordinarily accrues . . . upon breach.”
• “The plaintiff need not be aware of the breach or wrong to start the period running.”
• “A genuine issue exists for summary judgment 18 purposes where the evidence, viewed in the light most favorable to the 19 nonmoving party, is such that a reasonable jury could decide in that party’s 20 favor.”
• “In a federal question case . . . when a federal court determines the limitations period by applying an analogous state statute of limitations, the court nevertheless looks to federal common law to determine the time at which the plaintiff’s federal claim accrues.”
• applying the discovery rule in a non-fraud context

Source: CourtListener parenthetical corpus (CC0).