Discovery Rule And “Continuing Violation” Rule

LexisNexis (July 22, 2019, 12:03 PM EDT) -- The statute of limitations is the first line of defense for banks sued in check fraud cases. Plaintiffs frequently seek to lengthen the three-year UCC statute of limitations by invoking the “discovery rule” or its first cousin, the “continuing violation” rule. Thus far, the courts have declined these invitations....