Deadlines for Litigation Flashcards
1 year SOL for . . . (3)
Libel
Slander
Invasion of Privacy
When does a COA for libel, slander, or invasion of privacy accrue?
Date of pub.
2 year SOL for _____
Torts
4 year SOL for _____
Contracts
Explain the minor’s tolling statute
SOL for a minor does not begin to run until minor turns 18.
Until what age does someone who suffered childhood sexual abuse have to file?
Until age 30
Explain the Discovery Rule.
The commencement of the SOL is tolled until the P knows, or in the existence of reasonable diligence, should have known that (1) he has been injured, AND (2) that his injury was caused by someone else.
The commencement of the SOL is tolled until the P knows, or in the existence of ______ ______, should have known that (1) he has been injured, AND (2) that his injury was caused by someone else.
Reasonable diligence
The commencement of the SOL is tolled until the P knows, or in the existence of reasonable diligence, should have known these two things
that (1) he has been injured, AND
(2) that his injury was caused by someone else.
A SOL will never be more than ____ years after the plaintiff’s death.
2
To which type of action does the Discovery Rule NOT apply
Defamation
What is the Statute of Repose for a medical negligence claim? Exception?
7 years from the date of the alleged tort
If the injury was caused by a foreign object left in a patient’s body, the SoR does not apply
A COA against a medical care provider must be commenced ____ years from the date of . . . .
7 years
of the alleged tort.
Statute of Repose for construction claims?
12 years after completion of construction
In a statute of repose problem, you must/musn’t comply with both the SoR and the SOL
Must
