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Case Study: Kendall V. Hoffman-LaRoche

Law360, New York ( April 5, 2012, 1:01 PM EDT) -- Statutes of limitations have traditionally served a critical function in the judicial system. Not only do they compel a person to file an action within reasonable time so that the opposing party has fair opportunity to defend the case, but they also protect against the litigation of stale claims. The discovery rule is an equitable measure that was crafted out of the desire to avoid the "harsh" effects that might otherwise result from a rigid application of a statute of limitations....

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