Diamond v. Davis

I concur in the judgment to affirm but dissent from the majority’s formulation of the standard of notice that applies in a case of fraudulent concealment. The majority applies the traditional discovery rule in which the statute of limitations begins to run when the plaintiff has “inquiry notice” of the claim. I believe that when there is fraudulent concealment, as in this case, a higher standard of notice, called “heightened notice,” is required before the statute begins to run. This higher standard is necessary to compensate for the fraud that masks the claim. Even applying this higher…