law-fraudulent concealment | tolling of statute of limitations | tolling theories | counter defenses to statute
of limitations defense |
Fraudulent Concealment | Tolling | Discovery Rule |
A defendant's fraudulent concealment of wrongdoing may toll the running of limitations. Shah v. Moss,
67 S.W.3d 836, 841 (Tex. 2001). Fraudulent concealment will not, however, bar limitations when the
plaintiff discovers the wrong or could have discovered it through the exercise of reasonable diligence.
Id.; Velsicol Chem. Corp. v. Winograd, 956 S.W.2d 529, 531 (Tex. 1997); Nichols v. Smith, 507 S.W.2d
518, 519 (Tex. 1974). In HECI Exploration Co. v. Neel, oil and gas royalty owners sued their lessee for
failing to advise them of the lessee's successful suit against an adjoining operator for damages to the
common field. 982 S.W.2d 881 (Tex. 1998).
Source: Kerlin v. Sauceda, No. 05-0653 (Tex. Aug. 29, 2008)(O'Neill) (oil and gas royalties, claims
time-barred, out-of-state defendant, long-arm statute, fraudulent concealment claim)