Blythe v. Bell This court has determined that no member of the plaintiff-LLC has ever had majority control, and members of an LLC owe no fiduciary duty to each other; therefore, the individual parties owed no fiduciary duties to each other. The parties’ summary judgment motions are granted in part and denied in part.

Tagged with: Statute of Limitations

Steele v. Safeco Insurance Co. of America Although plaintiff did not specifically plead the date on which his claim arose, his complaint and the parties’ contract provided enough information for the trial court to determine that plaintiff’s claim was time-barred.

Tagged with: Statute of Limitations

U.S. v. Wilson and $13,963 More or Less in U.S. Currency In this civil forfeiture proceeding, the government’s failure to file its forfeiture petition within the 90-day time limit of 18 U.S.C. § 983(a)(3) was not jurisdictional, and the 4th Circuit says because a drug defendant did not invoke this statute of limitations during the forfeiture proceeding, he forfeited this defense.

Tagged with: Statute of Limitations

It’s easy to feel bad for someone who missed out on pursuing a claim because they filed their case a few days after the statute of limitations expired. But when you file your case a few decades after the statute of limitations has expired, then we don’t feel so bad. And, apparently, neither does the U.S. Fourth Circuit Court of Appeals.

Tagged with: Statute of Limitations

Lawley v. Liberty Mutual Group, Inc. If defendants breached their disability insurance contract with plaintiff, they did so when they denied her claim on March 28, 2003, not every time a monthly disability payment was due. Plaintiff’s June 27, 2011 complaint was not timely filed.

Tagged with: Breach of Contract Civil Practice Constructive Fraud disability Insurance Statute of Limitations

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of Cultural Resources In correspondence in 1910, plaintiffs’ ancestor made clear that he was lending his family’s historical documents to the state, and the Secretary of the Historical Commission acknowledged the arrangement was a loan, which plaintiffs’ ancestor could recall at any time.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.

Tagged with: Civil Practice Contract Laches loan Statute of Limitations

United States ex rel. Burkholder v. Connelly Even though a second-tier subcontractor who was hired by plaintiff -- a first-tier subcontractor -- continued to work after the prime contractor ordered plaintiff off the construction site, the statute of limitations started running when plaintiff was ousted from the site, not when the second-tier subcontractor finished his work a few days later.

Tagged with: Breach of Contract Civil Practice Statute of Limitations

Thompson v. Charlotte-Mecklenburg Board of Education After plaintiff’s return from California and her completion of a one-year teaching contract, the defendant-school board should have voted on tenure status for plaintiff, who had career status as a teacher before she moved to California.

Tagged with: Civil Practice Labor & Employment Public Employees Schools & School Boards Statute of Limitations Teacher Tenure

Thompson v. Charlotte-Mecklenburg Board of Education After plaintiff’s return from California and her completion of a one-year teaching contract, the defendant-school board should have voted on tenure status for plaintiff, who had career status as a teacher before she moved to California.

Tagged with: Civil Practice Labor & Employment Public Employees Schools & School Boards Statute of Limitations Teacher Tenure

Robinson v. Wadford Plaintiffs contend that their grave desecration claim is subject to a 10-year statute of limitations, but the complaint alleges that “sometime prior to 1999 … defendants piled substantial amounts of old pallets, metal and tile on top of the grave sites.” Since plaintiffs did not file their complaint until 2011, their claim is time-barred.

Tagged with: Civil Practice Disclosure Real Property Statute of Limitations Tort/Negligence