· 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).
Sourced from CourtListener / Free Law Project (CC0).
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