Topic: a plaintiff cannot satisfy the due diligence requirement if… · Go Syfert
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Topic #10434

7 canonical passages across 6 cases, quoted by 36 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Trustmark National Bank v. Meador.

#Case FlagCanonical passage Citers
1 Trustmark National Bank v. Meador Anchor
miss · 2012
green “a plaintiff cannot satisfy the due diligence requirement if he had information regarding the claim and failed to take action before the statute of limitations expired.” 6
2 Bullard v. Guardian Life Ins. of America
miss · 2006
green “he acted with due diligence in attempting to discover the factual basis for his claims and was unable to do so.” 5
3 Turner v. Wakefield
miss · 1985
green “has an election to either rescind, in which event he must tender back that which he has received, or he may affirm the agreement, and maintain his action in damages for deceit.” 5
4 Turner v. Wakefield
miss · 1985
green “upon discovery of the fraud, the one defrauded must act promptly and finally to repudiate the agreement; however, a continuance to ratify the contract terms constitutes a waiver.” 5
5 Whitaker v. LIMECO CORP.
miss · 2010
green “the proper test is whether a reasonable person similarly situated would have discovered potential claims.” 5
6 PPG Architectural Finishes, Inc. v. Lowery
miss · 2005
green “(1) some affirmative act or conduct was done and prevented discovery of a claim, and (2) due diligence was performed on the party's part to discover the claim.” 5
7 Spann v. Diaz
miss · 2008
green “the would-be plaintiff need not have become absolutely certain that he had a cause of action; he need merely be on notice-or should be-that he should carefully investigate the materials that suggest that a cause of action probably or potentially exists.” 5

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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