discovery rule

(LIIBULLETIN preview (pre-2014))
[Question presented][Issue][Facts][Discussion][Analysis]Issue

Whether the five-year limitation for government enforcement actions begins running when the government discovered an alleged violation or when the alleged violation took place.



Petitioner Kevin Rotkiske accrued credit card debt between 2003 and 2005. Rotkiske v. Klemm, at 424. The credit card issuer then appointed the law firm Klemm & Associates, managed by Respondent Paul Klemm, to collect Rotkiske’s debt. Id. Klemm sued...