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Statute of Limitations

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Under the continuing violations doctrine, an employer is liable for actions that took place outside the limitations period if these actions are sufficiently linked to unlawful conduct that occurred within the limitations period.  Here, Blue Fountain subjected the plaintiff to a continuous course of sexual harassment for more than a decade.  When plaintiff finally quit or was terminated, she sued. … Read More

Defendant’s repeated kicks and punches of the plaintiff was sufficient evidence of malice and/or intent to injure, thus providing sufficient justification for a punitive damages award. Read More

For limitations purposes, the client discovered malpractice claim against a lawyer who structured a transaction when the other party to the transaction threatened to sue client based on the transaction’s structure. Read More

Plaintiff is estopped from arguing defendant waived untimeliness of her government claim because she misrepresented in the claim when she learned of her claim, making it seem timely when it was not. Read More

Claims for prenatal injuries to a baby caused by the mother’s exposure to toxic chemicals are governed by the two-year statute of limitations for personal injuries from exposure to toxic chemicals, which includes tolling provisions for minors and for delayed discovery. Read More

American Pipe tolling during the pendency of an initial class action does not toll the statute of limitations for a follow-on class action, but only for individual suits by members of the putative class in the initial class action. Read More

In collections suit, collection agency plaintiff was held to Delaware’s three-year statute of limitations—which was the jurisdiction selected in the credit card account agreement’s choice of law clause—as opposed to the four-year limitations period in California, where the suit was brought. Read More

Under Code of Civil Procedure section 352.1, the statute of limitations is tolled if the claim accrues when the plaintiff is imprisoned in a state prison under a criminal sentence, but not if the plaintiff is held in a county jail or in pre-trial detention. Read More

A medical malpractice plaintiff provides adequate notice of a potential medical malpractice claim, as required by Code of Civil Procedure section 364, by mailing a notice of intent to file an action to a physician’s address of record with the Medical Board of California. Read More

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