Gilbert Kerlin

Summary

The Texas Supreme Court held that the Ballis' breach of contract, fraud, fiduciary‑duty and conspiracy claims are barred by the four‑year and two‑year statutes of limitations because the statutory tolling provision does not apply to Gilbert Kerlin, who was deemed present in Texas through his business activities, and because the plaintiffs could have discovered the alleged wrongdoing with reasonable diligence. The Court reversed the Court of Appeals and entered judgment for Kerlin. Justice Brister filed a concurring opinion urging that Vaughn v. Deitz be overruled. Justice Kagan, dissenting, would have held otherwise.