application of the discovery rule (Oklahoma) · Go Syfert
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application of the discovery rule in Oklahoma

8 Oklahoma opinions name it 2 courts 1992–2021 2 in the last five years

The cases below were cited by Oklahoma 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 (3)

CaseFollowedCited
Allen v. Ortezgreen
utah · 1990 · cited in 1 Oklahoma opinions naming this issue, 2001–2001
1 sentence

2001See, Allen v. Ortez, 802 P.2d 1307, 1313 (Utah 1990)(In libel cases, limitation period does not begin to run until the libel is known or is reasonably discoverable by the plaintiff.); Hoke v. Paul, 65 Haw. 478 , 653 P.2d 1155, 1159 (1982)(A claim for defamation accrues when the defamee discovers or reasonably should have discovered the publication of the defamation.); Burks v. Rushmore, 534 N.E.2d 1101, 1103 (Ind.1989) (Limitations period begins to run when resultant damage is ascertained or ascertainable by due diligence.); Manguso v. Oceanside Unified School Dist., 152 Cal.Rptr. 27 , 88 Cal.

11
Hoke v. Paulgreen
haw · 1982 · cited in 1 Oklahoma opinions naming this issue, 2001–2001
2 sentences

2001See, Allen v. Ortez, 802 P.2d 1307, 1313 (Utah 1990)(In libel cases, limitation period does not begin to run until the libel is known or is reasonably discoverable by the plaintiff.); Hoke v. Paul, 65 Haw. 478 , 653 P.2d 1155, 1159 (1982)(A claim for defamation accrues when the defamee discovers or reasonably should have discovered the publication of the defamation.); Burks v. Rushmore, 534 N.E.2d 1101, 1103 (Ind.1989) (Limitations period begins to run when resultant damage is ascertained or ascertainable by due diligence.); Manguso v. Oceanside Unified School Dist., 152 Cal.Rptr. 27 , 88 Cal.

2001See, Allen v. Ortez, 802 P.2d 1307, 1313 (Utah 1990)(In libel cases, limitation period does not begin to run until the libel is known or is reasonably discoverable by the plaintiff.); Hoke v. Paul, 65 Haw. 478 , 653 P.2d 1155, 1159 (1982)(A claim for defamation accrues when the defamee discovers or reasonably should have discovered the publication of the defamation.); Burks v. Rushmore, 534 N.E.2d 1101, 1103 (Ind.1989) (Limitations period begins to run when resultant damage is ascertained or ascertainable by due diligence.); Manguso v. Oceanside Unified School Dist., 152 Cal.Rptr. 27 , 88 Cal.

11
Burks v. Rushmoregreen
ind · 1989 · cited in 1 Oklahoma opinions naming this issue, 2001–2001
1 sentence

2001See, Allen v. Ortez, 802 P.2d 1307, 1313 (Utah 1990)(In libel cases, limitation period does not begin to run until the libel is known or is reasonably discoverable by the plaintiff.); Hoke v. Paul, 65 Haw. 478 , 653 P.2d 1155, 1159 (1982)(A claim for defamation accrues when the defamee discovers or reasonably should have discovered the publication of the defamation.); Burks v. Rushmore, 534 N.E.2d 1101, 1103 (Ind.1989) (Limitations period begins to run when resultant damage is ascertained or ascertainable by due diligence.); Manguso v. Oceanside Unified School Dist., 152 Cal.Rptr. 27 , 88 Cal.

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (5)

CaseCitedYears
Woods v. Prestwick House, Inc. green
okla · 2011
2 sentences

2021Woods v. Prestwick House, Inc. , 2011 OK 9 , ¶ 14, 247 P.3d 1183, 1188 .

2013Id. at ¶¶ 25-26, 247 P.3d at 1190 . 122 In this last instance, the Supreme Court cited Tice in recognizing the application of the discovery rule in a GTCA case.

42013–2021
CALVERT v. SWINFORD green
okla · 2016
1 sentence

2021Id. ¶ 16, at 1034. 11 Even in Louisiana, where the application of the discovery rule to contract actions is recognized by statute, the timeframe in which the breach can be discovered is limited.

12021–2021
Manguso v. Oceanside Unified School District green
calctapp · 1979
2 sentences

2001See, Allen v. Ortez, 802 P.2d 1307, 1313 (Utah 1990)(In libel cases, limitation period does not begin to run until the libel is known or is reasonably discoverable by the plaintiff.); Hoke v. Paul, 65 Haw. 478 , 653 P.2d 1155, 1159 (1982)(A claim for defamation accrues when the defamee discovers or reasonably should have discovered the publication of the defamation.); Burks v. Rushmore, 534 N.E.2d 1101, 1103 (Ind.1989) (Limitations period begins to run when resultant damage is ascertained or ascertainable by due diligence.); Manguso v. Oceanside Unified School Dist., 152 Cal.Rptr. 27 , 88 Cal.

2001See, Allen v. Ortez, 802 P.2d 1307, 1313 (Utah 1990)(In libel cases, limitation period does not begin to run until the libel is known or is reasonably discoverable by the plaintiff.); Hoke v. Paul, 65 Haw. 478 , 653 P.2d 1155, 1159 (1982)(A claim for defamation accrues when the defamee discovers or reasonably should have discovered the publication of the defamation.); Burks v. Rushmore, 534 N.E.2d 1101, 1103 (Ind.1989) (Limitations period begins to run when resultant damage is ascertained or ascertainable by due diligence.); Manguso v. Oceanside Unified School Dist., 152 Cal.Rptr. 27 , 88 Cal.

12001–2001
Lovelace v. Keohane green
okla · 1992
1 sentence

1994Certiorari was granted to consider the application of the discovery rule and the effect of our recent pronouncement, Lovelace v. Keohane, 831 P.2d 624 (Okla.1992), in this case. 1 Because we find the district court did not err in its application of the discovery rule, the opinion of the Court of Appeals is vacated and the order of the district court is affirmed.

11994–1994
McVay v. Rollings Construction, Inc. green
okla · 1991
1 sentence

1992Id. at 1333 .

11992–1992

Statutes the citing opinions construe

OK § Okla. Stat. tit. 12, § 95 (3)

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

TX 86 (1981–2026) IL 43 (1975–2025) PA 33 (1985–2025) NJ 28 (1978–2025) CA 26 (1998–2022) WA 15 (1983–2020) OH 13 (1983–2020) IA 12 (1981–2023) WV 11 (1965–2017) MS 11 (2002–2020) UT 10 (1990–2024) MD 10 (1980–2016) TN 10 (1995–2024) MI 9 (1989–2018) LA 8 (1994–2017) OK 8 (1992–2021) IN 8 (1996–2016) NM 8 (2005–2024) WI 7 (1991–2015) SC 7 (1997–2016) ME 7 (1981–2018) RI 7 (1991–2023) WY 7 (2000–2018) AZ 6 (1988–2023) MA 6 (1993–2024) VI 6 (2002–2025) ND 5 (1999–2019) AK 4 (2002–2014) HI 4 (1967–2021) DC 4 (1979–1994) NH 4 (1977–2021) OR 3 (1993–2015) KS 2 (1995–1996) MT 2 (1988–2002) NE 2 (1997–2006)

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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