Statute Of Limitations

We tend not to post much on appellate statute of limitations decisions.  There are a few reasons for that.  First, they are often very fact-specific, rarely delivering holdings with clear applications to other cases.  Second, because they can be fact-specific and plaintiffs are known to plead around defenses, good decisions on motions to dismiss are

A couple of times in recent weeks we have discussed pelvic mesh cases where a central issue was whether the cases were time-barred by a statute of limitations or repose. (See here and here.) There is a reason why this issue crops up persistently. The pelvic mesh litigation started off as a mass tort

We don’t like class action tolling.  We don’t think that plaintiffs should be rewarded for filing a meritless class action (or any other meritless act) with a potentially broad and lengthy exemption from the relevant statute of limitations.  We particularly don’t like cross-jurisdictional class action tolling, which makes a state’s enforcement of its own statute

We don’t often write about statutes of limitations because the cases tend to be fact bound and not all that illuminating on larger points of law and/or practice.  However, a case in California struck a chord with us recently because it highlights a point that we think every litigator should understand:  Tolling agreements should not

A complaint is a plaintiff’s opening argument.  It has to contain enough substance to get plaintiff out of the gate.  Plaintiff doesn’t have to necessarily prove anything in his complaint, but he has to have factual support to back up what he hopes to prove.  Logically, any fact added to a complaint is intended to

Choice of law analyses are confounding. They involve multi-factor tests and come with histories of decisional law that rarely apply those factors consistently. When you lower the microscope on the details and struggle to find a reliable uniformity, it just isn’t there. It begins to seem as if the only real conclusion to be reached