Quantcast
Home (page 3)

Tag Archives: Statute of Limitations

Attorneys – Tort/Negligence – Legal Malpractice Claim – Civil Practice – Statute of Limitations – Service of Process – Evidence – Expert Witness – Sanctions (access required)

Holmes v. Haynsworth, Sinkler & Boyd, P.A. (Lawyers Weekly No. 010-054-14, 23 pp.) (Jean Hoefer Toal, Ch. J.) (Costa Pleicones, J., joined by Donald Beatty, J., concurring) Appealed from Charleston County Circuit Court (Thomas Hughston Jr., J.) S.C. S. Ct. ...

Read More »

Tort/Negligence – Prescription Drug Misbranding – Oxycontin Addiction – Learned Intermediary Doctrine – Civil Practice – Statute of Limitations (access required)

Luberda v. Purdue Frederick Corp. (Lawyers Weekly No. 002-083-14, 16 pp.) (R. Bryan Harwell, J.) 4:13-cv-00897; D.S.C. Holding: In his negligence, gross negligence and fraud claims, plaintiff has not alleged that his physician would have changed his decision to prescribe ...

Read More »

Tort/Negligence – Professional Malpractice – Accountants – Civil Practice – Statute of Limitations (access required)

Graham v. Welch, Roberts & Amburn, LLP : Although, on Oct. 13, 2005, plaintiff sent the defendant-accounting firm a check for $4,296.49, expecting the firm to use it to pay plaintiff’s $4,296.49 tax debt to the State of New York, since the firm sent plaintiff an invoice on Nov. 28, 2005, showing that the firm had applied the $4,296.49 to plaintiff’s bill for accounting services, plaintiff was on notice by at least Dec. 30, 2005 – when plaintiff paid the balance shown on the invoice – that the firm had not used his $4,296.49 check to satisfy his New York tax liability. Therefore, plaintiff’s March 9, 2011 complaint was filed outside the three-year statute of limitations.

Read More »

Intellectual Property – PVPA – Civil Practice – Statute of Limitations – Damages (access required)

Turfgrass Group, Inc. v. Carolina Fresh Farms, Inc. Even though plaintiffs “heard industry rumblings and ‘tip-offs’ that defendants were selling TifBlair centipede grass under the fictitious name ‘Carolina Green’” after the termination of the parties’ contract in 2006, there is no indication when these rumblings and tips occurred. In any event, rumors and speculation are generally insufficient to trigger the inquiry requirements for statutory limitations provisions. Defendants have failed to show that plaintiffs had constructive knowledge of a violation of the Plant Variety Protection Act more than a year before they filed suit.

Read More »

Tort/Negligence – Damages – Contract — Warranty – Civil Practice – Statute of Limitations – Faulty Windows – Wisconsin Law (access required)

Meifert v. MI Windows & Doors, Inc. In their amended complaint, plaintiffs continue to assert that their windows, which were allegedly designed, manufactured, and sold by defendant, caused direct economic loss to the windows and other property in the home and consequential economic loss. Recovery for such damages is barred by the economic loss doctrine.

Read More »

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.

Read More »

Civil Practice – Statute of Limitations – Real Property – Price – Attorneys (access required)

Michael v. Kiawah Island Real Estate, LLC Since the closing attorneys were also the plaintiff-buyers’ attorneys-in-fact, plaintiffs are charged with the attorneys’ knowledge that the sellers had paid a much lower price for the property just a week before plaintiffs bought it in October 2005. Plaintiffs’ action, filed in October 2011, is barred by the three-year statute of limitations.

Read More »

Tort/Negligence – Invasion of Privacy – Misappropriation of Personality – Business Correspondence – Civil Practice – Statute of Limitations — Contract – Settlement Agreement – Indiana Law – Liquidated Damages (access required)

Insurance Products Marketing, Inc. v. Conseco Life Insurance Co. Despite a settlement agreement that severed the parties’ business ties, defendants have continued to use plaintiffs’ names on their business correspondence. By doing so, defendants may have been taking advantage of plaintiffs’ reputations or the value associated with their names.

Read More »

Tort/Negligence – Medical Malpractice – Civil Practice – Statute of Limitations – Claim Accrual (access required)

Boyd v. United States Plaintiff was informed after surgery that her bowel had been perforated and re-sectioned. Plaintiff developed chronic diarrhea immediately after surgery, but no medical professional linked the diarrhea to the surgery until 10 months later. Contrary to the parties’ arguments, the court is convinced that plaintiff became aware of her injury and its cause sometime between her surgery and her visit to a nurse practitioner 10 months later.

Read More »