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Keywords:

motion to dismiss,memorandum in opposition to motion to dismiss,discovery rule,wrongful adoption,statute of limitations

Description:

This is a memorandum in opposition to summary judgment in a wrongful adoption case in which the defendant claimed the statute of limitations had expired (meaning that plaintiff waited too long to file the lawsuit). The defendant tried to have the lawsuit dismissed and the plaintiff opposed the motion to dismiss on the grounds that the discovery rule postponed the statutue of limitations. Many states have discovery rules that postpone, extend, prolong or delay the statute of limitations.