In Forged Indorsement Case, Kentucky Court Applies Displacement Principle And Rejects Discovery Rule

LexisNexis (August 23, 2017, 12:56 PM EDT) -- In a recent forged indorsement case from Kentucky, the court got the bank off the hook on a motion to dismiss.  The court applied two oft-litigated rules of check-fraud law: (1) the legal framework of Articles 3 and 4 of the UCC displaces the plaintiff's common-law claims and (2) the UCC's three-year statute of limitations governs, without any "discovery rule" to toll it.  On both issues, the Kentucky decision is consistent with the strong weight of authority....