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· 3/23/2022

Kyle Haynes v. Jacky J. Jumper

How courts have described this case

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

  • holding accrual under the discovery rule occurs when plaintiff learns he has been harmed, not when plaintiff learns that harm is legally cognizable
  • explaining that recoupment and rescission are consistently treated as separate, nonoverlapping, remedies; a buyer defrauded in the purchase of property may seek rescission or recoupment, not both
  • defamation claim accrues “on publication of the defamatory statement,” which occurs when the statement “is communicated to a third party” (quotation marks omitted)
  • knowledge of responsible person’s identity is implicit in requirement that plaintiff know the defendant’s conduct caused him harm
  • \a cause of action accrues when the plaintiff discovers or with reasonable diligence should have discovered that [1] he has suffered harm; [2] his harm was caused by the conduct of another; and [3] the defendant is the person who caused that harm\
  • relying on Friedman v. Jablonksi, supra

Source: CourtListener parenthetical corpus (CC0).

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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.