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Tag Archives: limitations

Tort/Negligence – Constructive Fraud – Benefit – Civil Practice – Statute of Limitations – Trusts & Estates – Wills (access required)

James v. Schoonderwoerd The only documents executed by defendants in the 10 years before the plaintiff-mother filed her constructive fraud claim were powers of attorney and special warranty deeds destroying tenancies by the entirety between the plaintiff-mother and her (now deceased) husband so that three properties could be included in the couple’s trust.

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Contract – Limitations – Home Defects (access required)

Williams v. Houses of Distinction, Inc. A judge should not have dismissed, on statute of limitations grounds, breach of contract and warranty claims brought by the plaintiff purchasers of a home constructed by the defendant, where a genuine issue exists regarding when the plaintiffs knew or reasonably should have known about the damage.

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