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Tag Archives: Statute of Limitations

Civil Practice – Service of Process – Pleadings Amendment – Statute of Limitations (access required)

Mims v. Babcock Center, Inc. Plaintiff filed her original complaint on May 29, 2007 but never served it. She filed an amended complaint on May 7, 2008 and served it on May 12, 2008. Reading S.C. Code Ann. § 15-3-20(B) and Rule 3(a), SCRCP, together, we find the trial court erred when it granted defendants’ motion to dismiss based on insufficiency of process and insufficiency of service of process, as well as lack of jurisdiction, and failure to prosecute.

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Civil Practice – Statute of Limitations – Pleadings – Amendment – Relation Back – New Defendant – Notice – Tort/Negligence – Broken Chair (access required)

McKnight v. Iceberg Enterprises LLC Although, at the time she filed her original complaint, plaintiff did not know who had manufactured the chair that broke when she sat in it, she amended her complaint to name the defendant-manufacturer within the time for serving process under Fed. R. Civ. P. 4(m). Defendant’s motion to dismiss, based on the statute of limitations, is denied.

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Labor & Employment – Civil Rights – Discrimination Claims – Insubordination – Failure to Exhaust Administrative Remedies – Statute of Limitations (access required)

Capers v. Behr Heat Transfer Systems Even if plaintiff could make out a prima facie case of race discrimination, the defendant-employer has proffered a legitimate, nondiscriminatory reason for firing plaintiff: on top of her poor work record, she disobeyed her supervisor’s express instructions twice in six months.

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Real Property – Consumer Protection – ‘Improper Fees’ – Civil Practice – Statute of Limitations – Putative Class Action (access required)

Delebreau v. Bayview Loan Servicing LLC A West Virginia consumer credit statute’s one-year statute of limitations, which runs from the “due date of the last scheduled payment of the agreement,” started on the date the lender accelerated the borrower’s mortgage loan, not on the 2030 loan maturity date designated in the loan documents, and the 4th Circuit upholds the district court’s dismissal of the putative class claim under W.Va. Code § 46A-1-101.

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Labor & Employment – Collective Bargaining Agreement – Civil Practice – Statute of Limitations — Union Jobs – Historically Paired Positions (access required)

Mayhew v. ILA Local 1771 Although plaintiff knew or should have known about the basis for his claims more than six months before he filed this action, the National Labor Relations Act’s six-month statute of limitations was tolled while plaintiff diligently pursued his rights with his union and the National Labor Relations Board. Defendants’ motions to dismiss, based on the statute of limitations, are denied.

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Civil Practice – Statute of Limitations – Real Property – Contract – Lease – Insurance Proceeds (access required)

Clifton, LLC v. Tadlock This is a dispute over a lease and the proceeds of a fire insurance policy taken out by the parties pursuant to an alleged oral modification to the lease. As such, plaintiff’s claims are subject to S.C. Code Ann. § 15-3-530(1)’s three-year limitations period rather than the 10-year statute of limitations applicable to actions arising out of an interest in land or the 20-year statute of limitations applicable to sealed instruments. The court grants defendant’s motion for summary judgment.

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Court: Deferred prosecution tolls statute of limitations on civil claim (access required)

In a ruling that strengthens victims’ rights and clarifies an ambiguous state law, the N.C. Court of Appeals has determined that deferred prosecution agreements can toll the statute of limitations on civil claims arising from criminal cases. The decision gives plaintiffs extra time to file civil lawsuits seeking compensation from defendants in certain cases. The unanimous Jan. 17 ruling reverses a trial court decision that the limitations clock was ticking during the deferral agreement. The lower court reasoned that the tolling statute applied only to convictions.

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Tort/Negligence – Gross Negligence – Schools & School Boards – Bullying – Academic Standing – Civil Practice – Motion to Amend – Statute of Limitations (access required)

Cockrell v. Lexington County School District One In a proposed amended complaint, plaintiff Justin Cockrell alleges that, although he was originally assigned a qualified “shadow” to assist him with managing his learning disabilities, the defendant-school district assigned him a new, untrained shadow who injured Justin in a physical encounter. These allegations are sufficient to state a claim for gross negligence.

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Tort/Negligence – Attorneys – Legal Malpractice – Civil Practice – Statute of Limitations – Workers’ Compensation – Personal Injury (access required)

Kimmer v. Wright Even before plaintiff’s workers’ comp claim was decided against him, his lawyer had admitted to making the mistake of settling with the third-party tortfeasor without giving notice to plaintiff’s employer, thereby endangering plaintiff’s workers‘ comp claim. Plaintiff was not entitled to await the outcome of his workers’ comp claim before filing a legal malpractice claim against his lawyer.

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