Also known as: Limitation Acts · statute of limitations · limitation period
Written by attorneys · grounded in primary & secondary sources — see below
A statutory rule that bars the commencement of legal actions after a specified period has elapsed from the accrual of the cause of action.
Landon Long filed a complaint against Lattice Systems within the limitations period. After the period expired he amended to add a new claim arising from the same transaction. The court allowed the amendment to relate back because the governing limitations law permitted it.
Layla Lane owed a contractual debt to Liam Larson that had become unenforceable due to the passage of time. Layla later promised in writing to pay the full amount. The promise revived the obligation and made it enforceable again.
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Laura Lewis sued Lucia Lopez in state court. The action was dismissed solely because the statute of limitations had run. Laura later filed the same claim in federal court. The federal court treated the dismissal as not on the merits for claim-preclusion purposes.
Lola Langley and Lexicon Media's owner lived together and signed an agreement about shared property contributions. The owner breached the agreement after they separated. Lola commenced suit within the contractual limitations period measured from the breach.
Lighthouse Shipping's lawyer missed the filing deadline on a cargo claim and paid the client personally to hide the error. The lawyer never advised the client about a possible malpractice action. The conduct led to professional discipline beyond ordinary negligence.
Loyal Insurance's attorney miscalculated the deadline on a coverage suit and the claim was lost. The error supported a civil malpractice action but did not demonstrate unfitness to practice. No bar discipline followed from the isolated mistake.
A promise to pay an antecedent debt is binding if the debt remains enforceable or would be except for the limitations bar. The promise must be voluntary and indicate an intention to pay.
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A dismissal based solely on the running of the statute of limitations is not treated as an adjudication on the merits for claim-preclusion purposes under federal law. Jurisdictions may differ on this characterization.
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The claim accrues on breach and may be commenced during cohabitation or after termination subject to the applicable contractual limitations period.
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An isolated miscalculation that supports malpractice does not by itself justify discipline. Concealment of the error combined with failure to advise the client of a malpractice claim constitutes serious misconduct warranting discipline.
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…Zapata’s action, but also because Unterweser had invoked the United States court’s jurisdiction to obtain the benefit of the Limitation Act. On appeal, a divided panel of the Court of Appeals affirmed, and on rehearing en banc the panel opinion was adopted, with six of the 14 en banc judges dissenting. As had the District…