Jake P. Skaggs | Cozen O’Connor One of the more unique aspects of Louisiana law was its 1-year statute of limitations (liberative prescription) for tort claims.1 The one-year time period to file a lawsuit was stress-inducing for plaintiffs, particularly in complex matters that involved multiple parties and extensive investigation. The new Act provides: ART. 3493.11. Delictual… Continue reading Louisiana Adopts Two-Year Statute of Limitations for Tort Claims
Tag: Statute of Limitations
Continuing Breach Doctrine
David Adelstein | Florida Construction Legal Updates Have you ever heard of the “continuing breach” doctrine? Probably not. It is not a doctrine commonly discussed. It’s a doctrine used to try to argue around the statute of limitations. In an older Southern District Court of Florida case, Allapattah Services, Inc. v. Exxon Corp., 188 F.R.Ed. 667,… Continue reading Continuing Breach Doctrine
Recent Florida Legislative Changes Shorten Both Statute of Limitation (“SOL”) and Statute of Repose (“SOR”) for Construction Defect Claims
Holly A. Rice | SDV Insights The Florida Legislature and Governor DeSantis passed Senate Bill 360, effective April 13, 2023, which imposes significant changes to Florida’s statute of limitation (“SOL”) and statute of repose (“SOR”) periods prescribed in Florida Statute § 95.11. In short, the SOL and SOR periods will commence earlier and run earlier,… Continue reading Recent Florida Legislative Changes Shorten Both Statute of Limitation (“SOL”) and Statute of Repose (“SOR”) for Construction Defect Claims
Viewpoint: The Difference Between Statutes of Limitations and Statutes of Repose
Gary L. Wickert | Claims Journal Subrogation professionals, like lawyers, must be constantly vigilant for deadlines, statutes of limitations, statutes of repose, and notice timelines set forth by the laws of the 50 states. Likewise, it is important to know and understand the differences between statutes of limitations and statutes of repose. They are both… Continue reading Viewpoint: The Difference Between Statutes of Limitations and Statutes of Repose
Beyond the Statute: How the Colorado Court Upheld Modified Accrual in Construction Contracts
Hal Baker | Higgins, Hopkins, McLain & Roswell In a case of first impression, the First Division of the Colorado Court of Appeals recently reviewed whether parties may contractually alter the accrual time established by Colorado’s statute of limitations for construction defect actions, C.R.S. § 13-80-104, in South Conejos Sch. Dist. RE-10 v. Wold Architects, Inc.,… Continue reading Beyond the Statute: How the Colorado Court Upheld Modified Accrual in Construction Contracts