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Tag Archives: Statute of Limitations

Civil Practice – Statute of Limitations – Labor & Employment – Moving Expenses – Date of Breach (access required)

Foot Locker, Inc. v. Best Although defendant proffered evidence that he quit his job without repaying relocation expenses on Aug. 29, 2008, plaintiff proffered evidence that defendant remained employed through Sept. 2, 2008. The purported breach of contract occurred when defendant’s employment ended without his repaying the relocation expenses; hence, there is a genuine issue of material fact as to whether plaintiff’s Sept. 2, 2011 complaint was filed within the three-year statute of limitations.

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Contract – Promissory Note & Guaranty – Civil Practice – Statute of Limitations – Extendions (access required)

promissory note Even though the defendant-borrower’s promissory note had an original due date of April 14, 2007, the note indicated that it could be extended, and the defendant-guarantor’s guaranty said the guarantor would be liable for the borrower’s present and future indebtedness. Therefore, the plaintiff-bank’s April 13, 2012 claim against the guarantor is not barred by the three-year statute of limitations.

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Contract – Civil Practice – Statute of Limitations – Under Seal – Addenda – Real Property (access required)

Davis v. Woodlake Partners, LLC Although the parties’ infrastructure agreement and an addendum were not signed under seal, they were part of the parties’ purchase contract, which was signed under seal; therefore, a 10-year statute of limitations applies to all provisions of the contract, including the infrastructure agreement and the addendum.

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Court orders reset of the clock in suit against lender (access required)

Time clock

The statute of limitations is like a loud, ever ticking alarm clock. Once it goes off, a plaintiff’s suit is finished forever. But one North Carolina businessman may get to bring a suit against his bank despite filing the case well after the statute of limitations expired. The state’s Court of Appeals said the bank’s promises to forgive the debt essentially hit the snooze button.

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Civil Practice – Pakistani Forum Not Convenient for Hotel Explosion Suit (access required)

DiFederico v. Marriott Int’l Inc. The family of a former naval commander who worked as a private security contractor and who was killed in a 2008 terrorist bombing at the Marriott Hotel in Islamabad, Pakistan, is entitled to heightened deference to their decision to sue Marriott in a Maryland federal court instead of a Pakistani court, and because the district court erred in its analysis of the forum non conveniens issue, the 4th Circuit reverses dismissal of the suit and remands the matter.

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