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
Statute Of Limitations
Utah Decision On SOL in Med Mal Cases Touches On Recurring Issues
Typically, medical malpractice cases are one-offs. A plaintiff may sue her doctor and/or hospital for failing to diagnose a condition or treating it in a suboptimal way. They tend to be highly fact-dependent even if the general subject, like post-operative infection, comes up fairly often within the world of med mal cases. In individual cases,…
Tolling Agreement’s Clear Language Saves The Day
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…
Consulting an Attorney Triggers Statute of Limitations
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…
New Hampshire Court Applies New Hampshire Product Liability Law and Denies Motion to Dismiss Plaintiff’s Product Liability Claims
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…
Statute of Limitations – Not Just Pretty Words
Eighth Circuit Doesn’t Let Swallowing Pills Swallow the Statute of Limitations
We did a search of the DDL Blog for “continuing violation” and found only one other reference and that was simply to note that the court rejected the theory without explanation. So, it’s not the first time a plaintiff has tried to argue the continuing violation theory to avoid the statute of limitations in a…
Discovery Rule Rules the Day on Statute of Limitations Motion to Dismiss
Geographical pride. A feeling of community. Belonging. Being one of the locals. We all experience it to some degree. Sometimes you take it with you. Like wearing your favorite Roll Tide t-shirt while listening to jazz in New Orleans. While Pennsylvanians may not take kindly to out-of-state sports jerseys, they welcome Maine lobster and Delaware…
Guest Post – What Does Your Dismissal Without Prejudice Mean? − A 50 State Survey of Savings Statutes
Today’s guest post was is a group effort of Betsy Chance, Diana Comes, and Mac Plosser, all at the Butler Snow firm. A little while ago they circulated (we don’t remember exactly how) an earlier version of a 50-state survey they had put together on state tolling statutes that preserve lawsuits that…
Correct Application of the Discovery Rule Means Summary Judgment in Hip Implant Decision out of the Eastern District of Pennsylvania.
We have always had a soft spot for zebras. They are the equine world’s version of some of our favorite acquaintances — the ones who always dress a little outlandishly and always stand out from the crowd. (Fun facts: 1. Although most zebras have black stripes on a white background, a white-on-black specimen shows up…