Q: union-assigned atty really did sabotage case as a favor... doesn't newly found evidence get around a timing limitation?
Mandamus atty & I expect current discovery to show that union-assigned atty (likely at the bosses' direction) did favors for a County dept in the way my case was handled (intentional sabotage). We don't know whether the favor requests went thru the union, but it is possible. The "arbitration was final" end of representation was 11/19. Problem: I see that I would only have 6 months to sue?!?! Isn't there an exception for later found evidence? Also, couldn't that be Breach of Contract? Any other categories? Also, could the now retired dept heads who crossed that line, could they be sued, too? We expect judge to order discovery any day now.
A:
This is a question best answered by your present attorney who can better understand the factual and legal basis for your claims.
That said, the statute of limitations usually is not tolled (i.e., put on hold) by a failure to find evidence, nor is it usually opened again by the discovery of new evidence. It usually is triggered by the wrongful act itself, or when you knew or should have known through diligent effort, that the wrong was committed. For instance in a fraud claim the fraud cause of action SOL will start upon discovery of the fraud, not discovery of new evidence of the fraud.
This is a very complicated area and you need precise legal advice from an attorney who can be allowed to know all of the facts and circumstances of your situation.
Good luck to you.
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