Sherry J. Oshiver v. Levin, Fishbein, Sedran & Berman

How courts have described this case

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

• holding that, where the plaintiff discovered the injury on “the very date-defendant... informed her of her discharge,” the discovery rule offered “no relief in relation to the timeliness of the filing of her discriminatory discharge claim”
• holding that a plaintiff who pled in her complaint that her law firm actively misled her in support of her request for application of the discovery rule had sufficiently pled the application of the doctrine
• noting that courts may consider “matters of public record, orders, exhibits attached to the complaint and items appearing in the record of the case”
• noting that equitable tolling and the discovery rule “are similar in that each requires a level of diligence on the part of the plaintiff”
• holding a court may consider orders that were not attached to a complaint in addressing a motion to dismiss, as orders are matters of public record
• finding that an exception exists “where the complaint facially shows noncompliance with the limitations period and the affirmative defense clearly appears on the face of the pleading.”

Source: CourtListener parenthetical corpus (CC0).