Regis Lutz v. Chesapeake Appalachia, L.L.C.

How courts have described this case

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

• holding that, generally, a cause of action accrues when the wrongful act is committed (citing Ohio law)
• noting that a Rule 12(b)(6) motion is usually an “inappropriate vehicle” for dismissing a claim on statute-of-limitations grounds because the statute of limitations is an affirmative defense
• explaining that only once a defendant has made a prima facie defense will “the burden shift[] to the plaintiff to establish an exception .... ”
• finding that “a breach of contract action accrues when the breach occurs or when the complaining party suffers actual damages as a result of the breach”
• noting that, to qualify for tolling due to fraudulent concealment, a plaintiff must “show that the defendant engaged in a course of conduct to conceal evidence of the alleged wrongdoing,” and requiring that “ ‘the acts constituting fraudulent concealment of a claim be pled in the complaint’”
• “Because the statute of limitations is an affirmative defense, the burden is on the defendant to show that the statute of limitations has run[.]”

Source: CourtListener parenthetical corpus (CC0).