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Under the so-called discovery rule, a claim accrues when “the plaintiff discovers, or with due diligence should have discovered,” the infringing act. That rule enables a diligent plaintiff to raise claims about even very old infringements if he discovered them within the three years prior to suit. Martinelli.
Justice Amy Coney Barrett wrote on behalf of the Court. In reaching its decision, the Court explained that equitable tolling “effectively extends an otherwise discrete limitations period set by Congress” when a litigant diligently pursues his rights but extraordinary circumstances prevent him from bringing a timely action.
In other words, a county official could meticulously comply with her county’s local gratuities rules—say, by declining a $200 gift card but accepting a $100 gift card from a neighbor as thanks for her diligent work on a new park—but still face up to 10 years in federal prison because she accepted a thing of value in connection with an official act.
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