Also known as: statute of limitations and repose · statutes of limitation and repose · statute of limitations · statute of repose · SOLR
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A statutory rule that bars a claim or action after a prescribed period measured from the accrual of the cause of action.
A statutory rule that bars a claim or action after a prescribed period measured from a fixed event such as manufacture or sale, regardless of when the injury occurs or is discovered.
Each sense below has its own examples, sources, and questions.
A statutory rule that bars a claim or action after a prescribed period measured from the accrual of the cause of action.
Select any source to read its text and confirm it supports the definition.
Simone Sanders sued Sterling Dynamics in federal court for breach of a supply contract. After the general limitations period expired, she moved to amend the complaint to add a new theory arising from the same shipment. The court allowed the amendment to relate back because the governing statute of limitations permitted it.
Sabrina Shah owed Silverline Industries a contractual debt that had become unenforceable due to the statute of limitations. Shah later sent a signed letter admitting the debt still existed and promising partial payment. The acknowledgment made the promise binding despite the expired limitations period.
Solomon Silver filed a products liability suit against Sapphire Holdings that was dismissed solely because the statute of limitations had run. When Silver later attempted to refile the same claim in another court, the prior dismissal did not bar the new action under claim preclusion rules.
A statute of limitations is measured from accrual of the claim and is often subject to tolling or other equitable exceptions. A statute of repose runs from a fixed event such as the date of manufacture or sale and provides an absolute cutoff regardless of when the injury occurs or is discovered.
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A voluntary written acknowledgment admitting the present existence of the debt or a promise to pay it revives the obligation if the acknowledgment is made to the obligee. Partial payment can also operate as such a promise unless other facts show a contrary intent.
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A statutory rule that bars a claim or action after a prescribed period measured from a fixed event such as manufacture or sale, regardless of when the injury occurs or is discovered.
Select any source to read its text and confirm it supports the definition.
…a compensable disease and meet the relevant exposure and medical criteria. Defendants forgo defenses to liability, including statute of limitations pleas. Class members, in the main, are bound by the settlement in perpetuity, while CCR defendants may choose to withdraw from the settlement after ten years. A small number of class…
…as plaintiffs and had alleged breach of contract and warranty as well as tort claims. But after Delaval interposed a
…Co. v. Griffen , 5 Cir. 1959, 265 F.2d 489. VI We are next met with the contentions that Borel's action is barred by the statute of limitations
…infected with HIV has been widely publicized; it is unlikely that many hemophiliacs are unaware of it. Under the usual discovery statute of limitations
Scott Summers and Stella Shapiro lived together and formed an oral cohabitants agreement concerning shared property. After their relationship ended, Summers breached the agreement by selling the property and keeping all proceeds. Shapiro commenced her contractual claim within the applicable limitations period measured from the breach.
An attorney missed the statute of limitations on Steven Silva's personal injury claim against Sierra Solutions. The attorney paid Silva from personal funds without disclosing the error or advising him to seek independent counsel about a malpractice claim. The concealment and failure to advise amounted to serious professional misconduct warranting discipline.
A lawyer representing Sterling Dynamics in a contract dispute miscalculated the statute of limitations and allowed a viable claim to expire. The single error supported a civil malpractice action but did not demonstrate unfitness to practice law sufficient to justify bar discipline.
Jurisdictions differ on whether a limitations dismissal is treated as on the merits. Federal Rule of Civil Procedure 41(b) does not itself decide the question. State law or other rules determine the preclusive effect.
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The claim accrues on breach and may be commenced during cohabitation or after termination, subject to the applicable contract statute of limitations. The Act expressly authorizes suit both during and after the relationship ends.
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An isolated negligent miscalculation that supports a malpractice claim does not by itself justify discipline. Discipline requires egregious mishandling, concealment of the error, or failure to advise the client to seek independent counsel about a potential malpractice claim.
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