How does the discovery rule affect a plaintiff's cause of action?

MultiRegion, United States of America

The following excerpt is from Benzemann v. Houslanger & Assocs., PLLC, 924 F.3d 73 (2nd Cir. 2019):

¹⁰ As we explain below, under the discovery rule, "a plaintiffs cause of action accrues when he discovers, or with due diligence should have discovered, the injury that is the basis of the litigation." Guilbert v. Gardner , 480 F.3d 140, 149 (2d Cir. 2007) (internal quotation marks omitted).

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How does the discovery rule affect a plaintiff's cause of action?

¹⁰ As we explain below, under the discovery rule, "a plaintiffs cause of action accrues when he discovers, or with due diligence should have discovered, the injury that is the basis of the litigation." Guilbert v. Gardner , 480 F.3d 140, 149 (2d Cir. 2007) (internal quotation marks omitted).

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How does the discovery rule affect a plaintiff's cause of action?

10 As we explain below, under the discovery rule, "a plaintiffs cause of action accrues when he discovers, or with due diligence should have discovered, the injury that is the basis of the litigation." Guilbert v. Gardner , 480 F.3d 140, 149 (2d Cir. 2007) (internal quotation marks omitted).

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¹⁰ As we explain below, under the discovery rule, "a plaintiffs cause of action accrues when he discovers, or with due diligence should have discovered, the injury that is the basis of the litigation." Guilbert v. Gardner , 480 F.3d 140, 149 (2d Cir. 2007) (internal quotation marks omitted).