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

6 Arizona opinions name it 1 courts 1988–2023 1 in the last five years

The cases below were cited by Arizona 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 (6)

CaseFollowedCited
Doe v. Roegreen
ariz · 1998 · cited in 1 Arizona opinions naming this issue, 2023–2023
1 sentence

2023Doe v. Roe, 191 Ariz. 313, ¶ 41 (1998) (tolling for a claimant’s unsound mind).

11
Logerquist v. Danforthgreen
arizctapp · 1996 · cited in 1 Arizona opinions naming this issue, 2023–2023
1 sentence

2023Marquette Venture Partners II, L.P. v. Leonesio, 227 Ariz. 179, ¶ 19 (App. 2011); see Logerquist v. Danforth, 188 Ariz. 16, 21 (App. 1996) (discovery rule available for plaintiffs who were sexually abused, repressed those memories, and, after remembering the abuse, brought complaints after statute of limitations ran). ¶47 In addition to the application of the discovery rule, a trial court can toll the statute of limitations due to a claimant’s disability.

11
Marquette Venture Partners II v. Leonesiogreen
arizctapp · 2011 · cited in 1 Arizona opinions naming this issue, 2023–2023
1 sentence

2023Marquette Venture Partners II, L.P. v. Leonesio, 227 Ariz. 179, ¶ 19 (App. 2011); see Logerquist v. Danforth, 188 Ariz. 16, 21 (App. 1996) (discovery rule available for plaintiffs who were sexually abused, repressed those memories, and, after remembering the abuse, brought complaints after statute of limitations ran). ¶47 In addition to the application of the discovery rule, a trial court can toll the statute of limitations due to a claimant’s disability.

11
Ault v. Jaskogreen
ohio · 1994 · cited in 1 Arizona opinions naming this issue, 1997–1997
2 sentences

1997See e.g., Lemmerman v. Fealk, 449 Mich. 56 , 534 N.W.2d 695 (1995); Tyson v. Tyson, 107 Wash.2d 72 , 727 P.2d 226 (1986) (result changed by statute); Ault v. Jasko, 70 Ohio St.3d 114, 637 N.E.2d 870, 875 (Wright, J., dissenting). .

1997See e.g., Lemmerman v. Fealk, 449 Mich. 56 , 534 N.W.2d 695 (1995); Tyson v. Tyson, 107 Wash.2d 72 , 727 P.2d 226 (1986) (result changed by statute); Ault v. Jasko, 70 Ohio St.3d 114, 637 N.E.2d 870, 875 (Wright, J., dissenting). .

11
Lemmerman v. Fealkgreen
mich · 1995 · cited in 1 Arizona opinions naming this issue, 1997–1997
2 sentences

1997See e.g., Lemmerman v. Fealk, 449 Mich. 56 , 534 N.W.2d 695 (1995); Tyson v. Tyson, 107 Wash.2d 72 , 727 P.2d 226 (1986) (result changed by statute); Ault v. Jasko, 70 Ohio St.3d 114, 637 N.E.2d 870, 875 (Wright, J., dissenting). .

1997See e.g., Lemmerman v. Fealk, 449 Mich. 56 , 534 N.W.2d 695 (1995); Tyson v. Tyson, 107 Wash.2d 72 , 727 P.2d 226 (1986) (result changed by statute); Ault v. Jasko, 70 Ohio St.3d 114, 637 N.E.2d 870, 875 (Wright, J., dissenting). .

11
Hickman v. Grovergreen
wva · 1987 · cited in 1 Arizona opinions naming this issue, 1988–1988
1 sentence

1988While federal courts have dealt directly with the issue of the defendant’s identity, we note that the Supreme Court of Appeals of West Virginia has articulated the following discovery rule: In products liability cases, the statute of limitations begins to run when the plaintiff knows, or by the exercise of reasonable diligence should know, (1) that he has been injured, (2) the identity of the maker of the product, and (3) that the product has a causal relation to his injury- Hickman v. Grover, 358 S.E.2d 810, 813 (W.Va.1987) (emphasis added).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (7)

CaseCitedYears
Clark v. Airesearch Manufacturing Co. of Arizona, Inc. green
arizctapp · 1983
2 sentences

2007The application of the discovery rule in a defamation case against a private individual is not before us, although, as stated in Clark , the discovery rule can apply to those cases. 138 Ariz. at 242 , 673 P.2d at 986 .

2007The application of the discovery rule in a defamation case against a private individual is not before us, although, as stated in Clark , the discovery rule can apply to those cases. 138 Ariz. at 242 , 673 P.2d at 986 .

12007–2007
Gust, Rosenfeld & Henderson v. Prudential Insurance Co. of America green
ariz · 1995
1 sentence

2004Id. ¶ 55 This case is dissimilar from Gust, Rosenfeld, and we conclude that these are not the circumstances that warrant the application of the discovery rule.

12004–2004
Phillips v. Johnson green
illappct · 1992
2 sentences

1997App.3d 890 , 174 Ill.Dec. 458 , 599 N.E.2d 4 (1992). [3] The application of the discovery rule to claims of repressed memory is not without criticism and some jurisdictions have refused to apply it in that context.

1997App.3d 890 , 174 Ill.Dec. 458 , 599 N.E.2d 4 (1992). [3] The application of the discovery rule to claims of repressed memory is not without criticism and some jurisdictions have refused to apply it in that context.

11997–1997
Tyson v. Tyson red
wash · 1986
2 sentences

1997See e.g., Lemmerman v. Fealk, 449 Mich. 56 , 534 N.W.2d 695 (1995); Tyson v. Tyson, 107 Wash.2d 72 , 727 P.2d 226 (1986) (result changed by statute); Ault v. Jasko, 70 Ohio St.3d 114, 637 N.E.2d 870, 875 (Wright, J., dissenting). .

1997See e.g., Lemmerman v. Fealk, 449 Mich. 56 , 534 N.W.2d 695 (1995); Tyson v. Tyson, 107 Wash.2d 72 , 727 P.2d 226 (1986) (result changed by statute); Ault v. Jasko, 70 Ohio St.3d 114, 637 N.E.2d 870, 875 (Wright, J., dissenting). .

11997–1997
cluster 409215 green
ca2 · 1982
1 sentence

1988That court held that genuine issues of material fact about the application of the discovery rule precluded summary judgment on plaintiffs cause of action arising out of chemical warfare experiments conducted by the United States Army in the early 1950s. 689 F.2d at 330 .

11988–1988
United States v. Kubrick green
scotus · 1979
2 sentences

1988The Barrett court began its analysis of the discovery rule by reference to United States v. Kubrick, 444 U.S. 111 , 100 S.Ct. 352 , 62 L.Ed.2d 259 (1979).

1988The Barrett court began its analysis of the discovery rule by reference to United States v. Kubrick, 444 U.S. 111 , 100 S.Ct. 352 , 62 L.Ed.2d 259 (1979).

11988–1988
Brown v. Ellison green
iowa · 1981
1 sentence

1988We find the reasoning of the Iowa court in Brown v. Ellison, supra, more suitable to modem day experiences and therefore hold that in an action based upon either tort or contract claims arising out of allegedly deficient design or construction of improvements to real estate, the cause of action does not accrue until the plaintiff knows, or in the exercise of reasonable diligence should know, of the injury. 3 Appellees have moved to dismiss the appeal on the ground the notice of appeal was untimely filed.

11988–1988

Statutes the citing opinions construe

AZ § Ariz. Rev. Stat. § 12-542 (5)

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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