Discovery Rule Resurrects Fraud Claim On NJ Property Sale

Law360, New York (August 24, 2016, 11:35 AM EDT) -- Katharine A. Coffey

Christopher John Stracco In a precedential decision, the Superior Court, Appellate Division, in Catena v. Raytheon Company, et al., Docket No.: A-4636-13T4 (Aug. 18, 2016), held that the discovery rule applied to common law fraud claims as well as fraud claims under New Jersey's Consumer Fraud Act (CFA) in connection with the sale of commercial real property. The six-year statute of limitations was effectively tolled until the plaintiff discovered the wrongdoer knew of the falsity of the statement and intended the plaintiff to rely on it. The plaintiff in the case alleged damages under common law fraud and...

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