Massachusetts General Laws

Mass. Gen. Laws ch. 260, § 12 (2026)

Fraudulent concealment; commencement of limitations

✓ current as of July 2026

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Section 12. If a person liable to a personal action fraudulently conceals the cause of such action from the knowledge of the person entitled to bring it, the period prior to the discovery of his cause of action by the person so entitled shall be excluded in determining the time limited for the commencement of the action.

Notes of Decisions

Cited in 146 cases (15 in the last 5 years), 1929–2026 · leading case: Harrington v. Costello, 7 N.E.3d 449 (Mass. 2014).

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Harrington v. Costello, 7 N.E.3d 449 (Mass. 2014). · cites it 8× “The judge also ruled that G. L. c. 260, § 12, 5 did not toll the limita *724 tions period, because the defendants had not concealed the facts giving rise to a cause of action for defamation, and Harrington was aware of all of those facts in 2005.”

Demoulas v. Demoulas Super Markets, Inc., 677 N.E.2d 159 (Mass. 1997). · cites it 5× “In reaching this conclusion, the judge applied the doctrine of “fraudulent concealment,” an exception to the statute of limitations provided for in G. L. c. 260, § 12. 22 The judge further concluded that, when the breach of a fiduciary’s duty to disclose constitutes the…”

Passatempo v. McMenimen, 960 N.E.2d 275 (Mass. 2012). · cites it 6× “See G. L. c. 260, § 12. We conclude further that McMenimen’s fraudulent concealment of these claims tolled the limitation period as to claims against McMenimen himself, but did not toll the limitation period with regard to the remaining defendants.”

Patsos v. First Albany Corp., 741 N.E.2d 841 (Mass. 2001). · cites it 4× “This failure, he claims, constituted fraudulent concealment and thereby triggered the tolling protection of G. L. c. 260, § 12, 9 until he was informed by the FBI in late 1994 or early 1995 that his funds had been misappropriated.”

Solomon v. Birger, 477 N.E.2d 137 (Mass. App. Ct. 1985). · cites it 8× “The plaintiffs have conceded that a tort claim based on misrepresentation is time-barred, even giving effect to the extension provision which G.L.c. 260, § 12, makes available in case of fraudulent concealment.”

Puritan Med. Ctr., Inc. v. Cashman, 596 N.E.2d 1004 (Mass. 1992). · cites it 5× “We conclude that the statute of limitations was tolled pursuant to G. L. c. 260, § 12 (1990 ed.), and therefore the judge did not err in refusing to impose a six-year statute of limitations.”

Chace v. Curran, 881 N.E.2d 792 (Mass. App. Ct. 2008). “” The former closely tracks the wording of G. L. c. 260, § 12, 9 which provides for the tolling of the statute of limitations if a person entitled to bring a cause of action can demonstrate that a defendant fraudulently concealed that action from his knowledge.”

Frank Cooke, Inc. v. Hurwitz, 406 N.E.2d 678 (Mass. App. Ct. 1980). · cites it 4× “Further, the statute of limitations may be tolled under G. L. c. 260, § 12, if the wrongdoer, either through actual fraud or in breach of a fiduciary duty of full disclosure, keeps from the person injured knowledge of the facts giving rise to a cause of action and the means of…”

Abdallah v. Bain Capital LLC, 880 F. Supp. 2d 190 (D. Mass. 2012). · cites it 7× “28 Abdallah has proposed three separate doctrines for tolling the statute of limitations until a later date: (1) the discovery rule; (2) Mass. Gen. Laws ch. 260, § 12 ; and (3) equitable tolling.”

Riley v. Presnell, 565 N.E.2d 780 (Mass. 1991). · cites it 2× “99, 106 (1980); G.L.c. 260, § 12 (1988 ed). [5] However, "a *251 cause of action is not concealed from one who has knowledge of the facts that create it.”

Joslyn v. Chang, 445 Mass. 344 (Mass. 2005). · cites it 3× “Second, the plaintiffs contend that the running of the statute of repose is tolled pursuant to G. L. c. 260, § 12, which provides that fraudulent concealment tolls the determination of “the time limited for commencement of the action.”

Doe v. Harbor Schs., Inc., 446 Mass. 245 (Mass. 2006). · cites it 2× “501, 519 (1997) (“An actual knowledge standard applies to a plaintiff who argues that a breach of fiduciary duty of disclosure constitutes fraudulent concealment under G. L. c. 260, § 12”). 6 The Appeals Court held a genuine issue of material fact to exist as to (1) whether “a…”

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