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Tag Archives: Statute of Limitations

Corporate – Tort/Negligence – Civil Practice – Statute of Limitations – Summary Judgment Motions (access required)

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.

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Criminal Practice – Civil Forfeiture – 90-Day Limit – Not Jurisdictional (access required)

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.

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A simple ‘no’ would have sufficed (access required)

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.

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Insurance – Disability – Breach of Contract – Civil Practice – Statute of Limitations – Constructive Fraud (access required)

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.

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Contract – Bailment – Historical Documents – Loan – Request for Return – Civil Practice – Statute of Limitations – Laches (access required)

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of Cultural Resources In correspondence in 1910, plaintiffs’ ancestor made clear that he was lending his family’s historical documents to the state, and the Secretary of the Historical Commission acknowledged the arrangement was a loan, which plaintiffs’ ancestor could recall at any time.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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Civil Practice – Statute of Limitations – Miller Act – Breach of Contract – Subcontractor’s Continued Performance (access required)

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.

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Civil Practice – Statute of Limitations – Labor & Employment – Public Employees – Schools & School Boards – Teacher Tenure – Amended Statute (access required)

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.

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Civil Practice – Statute of Limitations – Labor & Employment – Public Employees – Schools & School Boards – Teacher Tenure – Amended Statute (access required)

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.

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Tort/Negligence – Grave Desecration – Civil Practice – Statute of Limitations – Real Property – Disclosure (access required)

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.

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