No MSJ on limitations

February 24, 2019

A claim accrues when a wrongful act causes injury; if multiple wrongful acts occur, they may — or, may not — cause multiple injuries. Uncertainty on that point led to reversal of a summary judgment on limitations in Inman v. Loe: “In summary, to be entitled to final summary judgment, appellees had to prove conclusively that Inman’s contract and fiduciary breac h claims accrued more than four years before March 19, 2014. They relied on evidence showing that Inman was excluded from the company’s management and operation in June 2009. But Inman produced evidence that appellees committed other allegedly actionable conduct in August 2010, and nothing establishes that these acts did not result in a legal injury distinct from any injury Inman may have suffered in 2009.”  No. 05-18-00130-CV (Feb. 20, 2019) (mem. op.)