Trial Lawyers’ Bottom Line: if statute counts from when claim accrued, it is a statute of limitations and can be tolled by fraudulent concealment; statute of repose cannot be tolled.

This case revolved around the company ePrize, which specialized in online sweepstakes and interactive promotions.  The plaintiffs were former employees of ePrize, who had acquired ownership interests in the company.  They said the defendant, founder of ePrize Joshua Linkner, had promised them that their ownership interests would never be diluted or subordinated.

The plaintiffs sued for various claims, including LLC member oppression, breach of contract, and breach of fiduciary duty.  The trial court granted summary judgment for the defendants, however, because the plaintiffs’ claims were untimely.  The Court of Appeals reversed.  The Supreme Court took the case to determine whether the statute was one of limitations or repose.