Johnson v. Tena

1 Citing case

  1. Aubrey v. D Magazine Partners, L.P.

    CIVIL ACTION NO. 3:19-CV-0056-B (N.D. Tex. Feb. 10, 2020)

    Texas law does recognize equitable estoppel as a defense that can defeat an affirmative statute-of-limitations defense. See Johnson v. Tena, 2017 WL 2484353, at *3 (Tex. App.—Eastland June 8, 2017, no pet.). Nonetheless, such an equitable estoppel defense requires: "(1) a false representation or concealment of material facts; (2) made with knowledge, actual or constructive, of those facts; (2) with the intention that it should be acted on; (4) to a party without knowledge or means of obtaining knowledge of the facts; and (5) who detrimentally relies on the representation or concealment."