occurrence rule (Kansas) · Go Syfert
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occurrence rule in Kansas

10 Kansas opinions name it 2 courts 1988–2015 0 in the last five years

The cases below were cited by Kansas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

CaseFollowedCited
Pancake House, Inc. v. Redmond Ex Rel. Redmondgreen
kan · 1986 · cited in 8 Kansas opinions naming this issue, 1988–2015
2 sentences

2015In the context of a legal malpractice claim, the Pancake House court identified “four theories which can apply to attorney malpractice in Kansas as to when the accrual of a cause of action occurs and the statute of limitations begins to run.” 239 Kan. at 87 . “(1) The occurrence rule—die statute begins to run at the occurrence of die lawyer’s negligent act or omission. “(2) The damage rule—the client does not accrue a cause of action for malpractice until he suffers appreciable harm or actual damage as a consequence of his lawyer’s conduct. “(3) The discovery rule—the statute does not begin to

2015In the context of a legal malpractice claim, the Pancake House court identified “four theories which can apply to attorney malpractice in Kansas as to when the accrual of a cause of action occurs and the statute of limitations begins to run.” 239 Kan. at 87 . “(1) The occurrence rule—die statute begins to run at the occurrence of die lawyer’s negligent act or omission. “(2) The damage rule—the client does not accrue a cause of action for malpractice until he suffers appreciable harm or actual damage as a consequence of his lawyer’s conduct. “(3) The discovery rule—the statute does not begin to

18

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Kansas. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
First State Bank of Crossett v. Phillips green
arkctapp · 1984
2 sentences

2010This subsection does not bar a person from asserting a violation of this subchapter in an action to collect the debt which was brought more than one year from the date of the occurrence of the violation as a matter of defense by recoupment or set-off in such action, except as otherwise provided by State law." This language "makes it clear that one sued to collect a debt may assert, as recoupment or set-off, any counterclaim for violation of the Federal Truth in Lending Disclosure Law regardless of the one year limitation." First State Bank of Crossett v. Phillips, 13 Ark.App. 157, 161 , 681 S.

2010This subsection does not bar a person from asserting a violation of this subchapter in an action to collect the debt which was brought more than one year from the date of the occurrence of the violation as a matter of defense by recoupment or set-off in such action, except as otherwise provided by State law." This language "makes it clear that one sued to collect a debt may assert, as recoupment or set-off, any counterclaim for violation of the Federal Truth in Lending Disclosure Law regardless of the one year limitation." First State Bank of Crossett v. Phillips, 13 Ark.App. 157, 161 , 681 S.

22010–2010
United Missouri Bank of Kansas City v. Robinson neutral
kanctapp · 1981
2 sentences

2010This subsection does not bar a person from asserting a violation of this subchapter in an action to collect the debt which was brought more than one year from the date of the occurrence of the violation as a matter of defense by recoupment or set-off in such action, except as otherwise provided by State law." This language "makes it clear that one sued to collect a debt may assert, as recoupment or set-off, any counterclaim for violation of the Federal Truth in Lending Disclosure Law regardless of the one year limitation." First State Bank of Crossett v. Phillips, 13 Ark.App. 157, 161 , 681 S.

2010This subsection does not bar a person from asserting a violation of this subchapter in an action to collect the debt which was brought more than one year from the date of the occurrence of the violation as a matter of defense by recoupment or set-off in such action, except as otherwise provided by State law." This language "makes it clear that one sued to collect a debt may assert, as recoupment or set-off, any counterclaim for violation of the Federal Truth in Lending Disclosure Law regardless of the one year limitation." First State Bank of Crossett v. Phillips, 13 Ark.App. 157, 161 , 681 S.

22010–2010
Dearborn Animal Clinic, P.A. v. Wilson green
kan · 1991
2 sentences

2006The plaintiff challenges the application of the occurrence rule in this case, citing Dearborn Animal Clinic, P.A. v. Wilson, 248 Kan. 257 , 806 P.2d 997 (1991).

2006The plaintiff challenges the application of the occurrence rule in this case, citing Dearborn Animal Clinic, P.A. v. Wilson, 248 Kan. 257 , 806 P.2d 997 (1991).

12006–2006

Statutes the citing opinions construe

KS § K.S.A. § 60-513 (8)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CT 43 (1988–2025) MS 36 (1974–2023) OH 21 (1989–2025) PA 20 (1978–2025) GA 18 (1940–2026) TX 17 (1948–2020) CA 16 (1946–2022) IN 16 (1979–2017) NY 16 (1945–2024) IL 14 (1948–2023) NJ 14 (1957–2025) NM 13 (1996–2022) NE 12 (1984–2022) SD 12 (1990–2020) KS 10 (1988–2015) WA 9 (1995–2026) AR 8 (1973–2020) MO 8 (1980–2025) LA 7 (1983–2019) KY 6 (1997–2025) AL 6 (1946–2015) ME 6 (1996–2019) MN 5 (1945–2017) FL 5 (1958–2014) DC 4 (1997–2014) NV 4 (1963–2014) MD 4 (1974–2022) NC 4 (1948–1996) TN 3 (2014–2019) AZ 3 (1981–2010) DE 3 (1977–2025) AK 3 (1990–2016) OR 3 (1945–2008) OK 3 (1950–2023) WV 2 (1979–2008)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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