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fraud fiduciary year statute limitations actions fraud employment Lawyers discrimination wrongful discharge torts bystander preexisting duty existing injury aggravation personal discovery rule procedure state consortium action unmarried cohabitant claims assignment legal malpractice witnesses witness litigation witness witnesses litigation witness witnesses find stop running sovereign states solicitors claims advice failure medical Attorneys fraud claim breach respondeat superior liability actions people malicious intentional infliction emotional distress first figure defamation plaintiff experts witness expert form risk liability agreement read injury intervening cause superseding defense qualified privilege absolute defamation insurance duty company formation injury liability Lawyer defective factors existence duty Lawyer litigation trespass nuisance practice insurance faith claims party negligence injury malpractice case elements injury malpractice case elements negligence injury 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