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First Interstate Fin. LLC v. Savage, 2020 UT App 1 (Jan. 3, 2020)

Jan 3, 2020

This appeal resulted from the dismissal of a legal malpractice case based upon the running of the statute of limitations.  First Interstate alleged that Savage failed to identify as trial exhibits 19,000 documents necessary for the defense.  Although the complaint was filed more than four years after judgment was entered, the court of appeals allowed the case to go forward, holding that tolling on the basis of concealment does not “necessarily require[e] active concealment by the defendant” and that the reasonableness of the plaintiff’s actions under the circumstances must be considered.  Because First Interstate pled that Savage remained as its attorney in another case, among other things, the court reversed and remanded for further proceedings.