Schmidt v. Newland & Associates PLLC, No. 18-2083 (8th Cir. 2019)
Annotate this CaseThe Eighth Circuit affirmed the district court's dismissal of plaintiffs' claims for fraud and breach of fiduciary duty against defendants as barred by the applicable Arkansas statute of limitations. In this case, plaintiffs possessed enough information in 2004 to put them on notice of any allegedly fraudulent conduct had they exercised any due diligence. Therefore, plaintiffs' tolling argument was without merit and their claims were barred by the three-year statute of limitations.
Court Description: Shepherd, Author, with Melloy and Grasz, Circuit Judges] Civil Case - Diversity. District court's dismissal of breach of fiduciary duty and fraud claims as barred by Arkansas's three-year statute of limitations and appellants' failure to show the limitations period was tolled because of fraudulent concealment is affirmed. The record shows appellants possessed enough information in 2004 to put them on notice of any allegedly fraudulent conduct. They inquired of the transactions, asked questions, expressed concern, but did not take any action; they received relevant documents in 2004.
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