KPMG Peat Marwick v. Harrison County Housing Finance Corp.

How courts have described this case

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

• holding that “accrual occurs when the plaintiff knew or should have known of the wrongfully caused injury,” not when the plaintiff knows “the specific 12 nature of each wrongful act that may have caused the injury”
• holding that “accrual occurs when the plaintiff knew or should have known of the wrongfully caused injury,” not when the plaintiff knows “the specific 12 nature of each wrongful act that may have caused the injury”
• stating that fraudulent concealment is affirmative defense to limitations and summary-judgment response must present \evidence raising a fact issue on each element of the fraudulent concealment defense\
• holding claimant’s pleadings alleging fraudulent concealment did not constitute summary-judgment evidence to support that defense to limitations
• requiring that party asserting fraudulent concealment as affirmative defense to statute of limitations has burden to plead defense and provide sufficient evidence to raise question of fact for each element
• “[A] party asserting fraudulent concealment . . . has the burden to raise it in response to the summary judgment motion and to come forward with summary judgment evidence raising a fact issue on each element of the fraudulent concealment defense.”

Source: CourtListener parenthetical corpus (CC0).