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Tag Archives: Laches

Contract – Bailment – Historical Documents – Loan – Request for Return – Civil Practice – Statute of Limitations – Laches

Johnson v. North Carolina Department of Cultural Resources In correspondence in 1910, plaintiffs’ ancestor made clear that he was lending his family’s historical documents to the state, and the Secretary of the Historical Commission acknowledged the arrangement was a loan, which plaintiffs’ ancestor could recall at any time. A bailment was thus created, and plaintiffs are entitled to have the documents returned to them.

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Labor & Employment – Civil Practice – Laches — National Origin Discrimination Claim

Equal Employment Opportunity Commission v. Propak Logistics, Inc. The EEOC did not file this action until almost seven years after one of defendant’s employees filed a discrimination charge; in the meantime, the facility in question has closed, defendant has lost touch with its former employees, and – not knowing the EEOC would consider this a class action – defendant has not maintained personnel records from the time at issue. The EEOC’s claim is barred by laches.

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Contract – Promissory Note — Banks & Banking – Real Property – Laches — Environmental Degradation – Principal Payments

Carolina First Bank v. Stambaugh Even though the plaintiff-bank instituted foreclosure proceedings on defendants’ property, it remained defendants’ responsibility to provide erosion control on the property. No delay by the bank injured defendants; therefore, the equitable doctrine of laches is inapplicable. The bank’s motion for summary judgment is granted.

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