TCF Nat'l Bank v. Market Intelligence, Inc., No. 14-3519 (8th Cir. 2016)
Annotate this CaseTCF filed suit against Market, alleging claims concerning the statutes of limitations for fraud, contract, and negligence. TCF had entered into a contract with Market under which TCF purchased Field Asset Verifications for Minnesota properties in 2002. The district court granted summary judgment for Market. The court held that the district court properly held that TCF discovered sufficient facts so that the limitations period for TCF’s fraud claims expired before TCF filed suit in September 2011. The court also held that the non-fraud claims accrued more than six years before TCF filed suit and that the limitations period was not tolled to prevent expiration prior to September 2011. Accordingly, the court affirmed the judgment.
Court Description: Shepherd, Author, with Riley, Chief Judge, and Smith, Circuit Judge] Civil case - Fraud. The district court did not err in determining that plaintiff had discovered sufficient facts so that the limitations period for its fraud claims expired before plaintiff filed this action in 2011; further, plaintiff's non-fraud claims accrued more than six years before it filed suit, and the claims were time barred under Minnesota law; the court did not err in determining that the non-fraud limitations period was not tolled by the doctrine of fraudulent concealment.
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