Erdelyi v. Lott

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In February 2011, two years and four months after Plaintiff learned she had been disinherited by her mother, Plaintiff filed a complaint against financial advisor Bradley Lott for fraud and constructive fraud. A jury found that Lott had committed constructive fraud but that Plaintiff knew or should have known before February 2007 that the fraud occurred. Based on the jury’s findings, the district court dismissed the action, concluding that Plaintiff’s claims were barred by the statute of limitations. The Supreme Court reversed the judgment, holding (1) the evidence did not support a finding that Plaintiff could have discovered the fraud sooner, and (2) therefore, the district court erred by dismissing the case based on the statute of limitations. Remanded for a new trial.View "Erdelyi v. Lott" on Justia Law