Comment by ElProlactin
14 hours ago
> And the process of discovery would be very costly for NVIDIA with depositions from many executives who have better things to do.
You're almost certainly either misrepresenting or misunderstanding what your attorneys told you.
You would never get to discovery with your complaint. If you sued, NVIDIA would win a motion to dismiss in federal court based on your claim being time-barred.
You have no basis to support decades-long tolling. The possibility that, say, NVIDIA knew what it told you was wrong 30 years ago is not good enough under federal pleading standards to get you to discovery. You would need sufficient evidence to support a claim that NVIDIA intentionally lied, which you obviously don't have otherwise you would have mentioned it in your post.
State court (California) has a few wrinkles but the result ends up being the same.
Basically the legal system is designed to prevent fishing expeditions on decades-old claims. You cannot have possession of an agreement and then run to the courts asking for a billion dollars because you failed for three decades to read it carefully.
If you are past the statute of limitations, the bar is intentionally virtually impossibly high.
As I understand it they thought there was a chance Nvidia would settle, since the lawyers worked on contingency instead of telling him not to waste his time
By this guy's account, his attorneys sent and responded to a number of letters and arranged for a meeting with NVIDIA counsel. So you have to put it in context: this didn't demand a whole lot of time and effort, and they never actually filed a lawsuit.
From the looks of it, this firm primarily works on contingency, so it's not like they were doing anything out of the ordinary. They took a flyer on his "case" on the off chance that some correspondence might lead NVIDIA to throw a few bucks at this guy.
> You would need sufficient evidence to support a claim that NVIDIA intentionally lied, which you obviously don't have otherwise you would have mentioned it in your post.
Would even an intentional lie act to to reset the limitation period here? The hypothetical lie wasn't a deep secret exposed by some whistleblower, it came to light by... reading the vesting agreement. Since AFAIK limitation periods run from "know or ought to have known," I can't see a viable construction to keep the dispute live after 30 years.
Yes, his possession of all the agreements for 30+ is what makes this so difficult.
But here's a hypothetical situation (unrealistic) that could change things. Let's say he came into possession of an internal document showing that someone at NVIDIA knew the grant said one year and chose to state 4 years to him anyway. Now he has an argument for fraud, and in California, the statute of limitations for fraud is 3 years from the date when you discover the fraud.
This type of thing could get him past a motion to dismiss provided that he brings the action within the 3 years after discovering the evidence of fraud. But nothing in the post claims this type of evidence. It just seems like a mistake was made and the guy, not knowing what NVIDIA would become, didn't even bother to check the documents he had at the time.
Cool story for the bar or grandkids.