Herbert D. Berkson v. Del Monte Corporation

How courts have described this case

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

• stating that affirmative acts were necessary to establish fraudulent concealment
• tolling not available where there was no charge of affirmative conduct intended to conceal the facts upon which the plaintiff based his complaint or to deceive the plaintiff into believing that he had no cause of action
• plaintiff must allege facts showing affirmative conduct of concealment; silence or passive conduct is not fraudulent unless parties’ relationship imposes duty to disclose
• eonclusory allegations of due diligence insufficient

Source: CourtListener parenthetical corpus (CC0).