Stewart Coach Industries, Inc. v. Moore

How courts have described this case

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

• concluding that, under Rule 9(b), (f), one must “affirmatively and particularly plead the date of discovery ... or face dismissal of the complaint”
• holding that a plaintiff has a duty to plead the date of discovery of fraud where the alleged fraud apparently occurred at a remote time
• “[T]he plaintiff who seeks to rely on the ‘discovery rule’ [must] affirmatively and particularly plead the date of discovery ... or face dismissal of the complaint.”
• all standing for the propo sition that when a complaint would otherwise show, upon its face, a statute of limitations defense, it is incumbent upon plaintiff, if he expects to rely upon some limitations exception or tolling provision, to plead the same

Source: CourtListener parenthetical corpus (CC0).