tories, 490 A.2d 43 (R.I. 1985); Esposito v. Novartis Pharm. Corp., 130 F. Supp. 3d 622, 627 (D.R.I. 2015).Statute of Repose: None. The Supreme Court held that the statute of repose was unconstitutional in Kennedy v. Cumberland, 471 A.2d 195 (R.I. 1984).South CarolinaStatute of Limitations: 3 years. S.C. Code Ann. §§ 15-3-530, 15-3-535. South Carolina applies the discovery rule, triggering accrual when the plaintiff “knew or by the exercise of reasonable diligence should have known that he had a cause of action.” S.C. Code Ann. § 15-3-535; see Brugger v. C.R. Bard, Inc., No. 3:17-CV-0228-CMC, 2017 WL 3085749, at *3 (D.S.C. July 20, 2017).Statute of Repose: None.South DakotaStatute of Limitations: 3 years. S.D. Codified Laws § 15-2-12.2. South Dakota applies the discovery rule, which delays the beginning of the limitation period until the injury “occurred, became known or should have become known to the injured party.” Id.Statute of Repose: None.TennesseeStatute of Limitations: 1 year. Tenn. Code Ann. § 28-3-104. Tennessee applies the discovery rule, delaying accrual until the injury is discovered, or when in the exercise of reasonable care and diligence, it should have been discovered.” Gilmore v. Davis, 185 F. App’x 476, 481 (6th Cir. 2006); see Jones v. Davol, Inc., No. 3:18-CV-00182, 2018 WL 4369978, at *2 (E.D. Tenn. Sept. 12, 2018) (“[O]nce the injury is detected and wrongdoing is suspected, the limitations period begins to run.”).Statute of Repose: An action must be brought within 6 years from date of injury, 10 years from date of first purchase, or 1 year after expiration of anticipated product life—whichever is shorter. Tenn. Code Ann. § 29-28-103; see Montgomery v. Wyeth, 580 F.3d 455 (6th Cir. 2009).TexasStatute of Limitations: 2 years. Tex. Civ. Prac. & Rem. Code § 16.003. Texas’s application of the discovery rule is dependent upon circumstances. Specifically, for the discovery rule to apply, “the nature of the injury must be inherently undiscoverable and the injury itself must be
In most cases, the applicable statute of limitations is clear – one year for a personal injury claim (Tenn. Code Ann. § 28-3-104(1)), three years for a claim for injury to real or personal property (Tenn. Code Ann. § 28-3-105(1)), six years for a breach of contract claim (Tenn. Code Ann. § 28-3-109(3)), etc. – or at least undisputed by the parties. When the applicable statute of limitations is not clear or disputed by the parties, e.g. in cases involving alternative claims and requests for relief, Tennessee courts analyze “the basis for which damages are sought,” i.e. the “gravamen” analysis.
 Tenn. Code Ann. § 28-3-105(1). Tenn. Code Ann. § 28-3-104(c)(1). Tenn. Code Ann. § 28-3-110(a)(3).
Professional malpractice suits against licensed public accountants, certified public accountants, and attorneys must be filed within one (1) year after the accrual of the cause of action. Tenn. Code Ann. § 28-3-104(a)(2).[i] After July 1, 2014, these professional malpractice suits will also be subject to a five (5) year repose period, which begins to run “after the date on which the act or omission occurred.”