Fraudulent Concealment Exceptions
Generally speaking, most civil statutes of limitations or repose have an exception for fraudulent concealment by the defendant. The leading Tennessee Supreme Court opinion on what qualifies as "fraudulent concealment" is Shadrick v. Coker. A post over at our firm's Tennessee Medical Malpractice Blog summarizes the Shadrick requirements for fraudulent concealment. Although Shadrick was a medical malpractice case, the Tennessee Supreme Court later applied it to the business context - in Pero's Steak and Spaghetti House v. Lee, a claim for conversion of negotiable instruments.
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