statute of limitations


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statute of limitations

State and federal laws that place a time limit on the ability to make certain claims in a lawsuit.The various statutes are usually fairly clear and might provide 6 years for breach of contract, 2 years for negligence, and 10 years for rights to real property.The part that causes all the litigation is the question of “when does the time period start to run?”As a general rule of thumb, the clock starts ticking when there has been a harm that would give rise to the ability to sue. If a stairway is erected improperly in year 1,but there is no way to know this until it collapses in year 5, then the statute of limitations begins to run in year 5.

References in periodicals archive ?
The statute of limitations is generally calculated from the time when the elements of an offense are met and the crime is considered "complete.
The House Bill Report stated that the new language imposed "a one year statute of limitations for certain public records-related suits" [emphasis added], but this was only mentioned in its "brief summary" of the bill.
97) Because [section] 1962(c), if it requires a pattern, is a continuing offense, the statute of limitations runs from the last predicate act of racketeering in the pattern.
EE-ref Bitlis, who died in a suspicious plane crash in 1993, the expiry of the statute of limitations means to "cover up the facts in darkness.
The Indiana Court of Appeals then addressed the question of when the statute of limitations begins to run.
Ohio, which has a 1-year statute of limitations, provides that a cause of action for medical malpractice accrues at the latest when the physician-patient relationship finally terminates.
Acknowledging that ERISA does not contain its own statute of limitations for benefit claims and that district courts are to apply the state statute of limitations that is most analogous to an ERISA benefits-recovery action, the court first considered how many statutes of limitations may properly apply to an ERISA benefits claim arising in any one state.
Under the statute of limitations, the state effectively allows felons to go scot-free.
either an express limitation on claims or incorporated a statute of limitations by reference but they did not do so.
Other nations have a statute of limitations on murder, but few match Japan in its ritualised focus on the legal race against time.
Also, the Rutter Group has published "California Practice Guide: Civil Procedure Before Trial, Statutes of Limitations" is a single volume loose-leaf title that provides information on identifying applicable statutes of limitations and resolving common statute of limitations issues.
Wachovia's argument, presented in both the district and appeals courts, was that the statute of limitations does not apply to tax-exempt entities that are not required to file a return.