Originally Posted by
Adam1222
(I'm not sure why you think the statute of limitations would be a post discovery summary judgment issue. It would likely be raised in a motion to dismiss, and *maybe* a judge would allow limited discovery on the fraudulent concealment theory if the plaintiffs have a credible basis to believe discovery would allow them to meet the relevant standard.)
On a motion to dismiss, the court accepts the opposing parties factual allegations as true. So if plaintiffs allege the facts legally necessary to support a fraudulent concealment theory, the court will not dismiss the case. It could still be decided on summary judgment, before or after discovery, but the plaintiffs will have to show some actual evidence in support of their theory. The court can then decide if the evidence is sufficient and not adequately rebutted by the defendants' evidence.