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Fraudulent concealment

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Definition Edit

Fraudulent concealment is an equitable doctrine that may be used to toll the statute of limitations. Top establish fraudulent concealment, a plaintiff must generally plead and prove that:

  1. the defendant concealed the conduct that constitutes the cause of action,
  2. the defendant's concealment prevented plaintiff from discovering the cause of action within the limitations period, and
  3. the plaintiff exercised due diligence in attempting to discover the cause of action.[1]

References Edit

  1. See Supermarket of Marlington, Inc. v. Meadowgold Dairies, Inc., 71 F.3d 119 (4th Cir. 1995) (full-text); Pinney Dock & Transport Co. v. Penn Central Corp., 838 F.2d 1445, 1465 (6th Cir. 1988) (full-text).

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