The following excerpt is from Waleski v. Montgomery, McCracken, Walker & Rhoads, LLP (In re Tronox Inc.), 616 B.R. 280 (Bankr. S.D.N.Y. 2020):
The party that seeks application of the discovery rule also has the burden of proving the exercise of reasonable diligence. Id. The issue is not what was actually known by the injured party "but what he might have known by exercising the diligence required by law," taking into account the "qualities of attention, knowledge intelligence and judgment which society requires of its members for the protection of their own interest and the interest of others." Nicolaou v. Martin , 649 Pa. 227, 195 A.3d 880, 893 (2018) (citation omitted).
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.