A statute of limitations establishes a time limit for a plaintiff to file a lawsuit based on a particular cause of action. In this episode, Jason outlines the questions that must be analyzed to determine whether a claim might be time-barred.
GENERAL LINKS:
• Calendly page to schedule a call: https://calendly.com/keithlawpllc/20minute
• Podcast Website: https://www.keith.law/category/podcast/
• Firm Website: https://www.keith.law/
• LinkedIn profile: https://www.linkedin.com/in/jason-keith-0736a931/
EPISODE-SPECIFIC LINKS:
• Episode's blog post: https://www.keith.law/business-disputes/explaining-statutes-of-limitation/
• General information on what a statute of limitation is: https://en.wikipedia.org/wiki/Statute_of_limitations
• Information on what a "cause of action" is: https://en.wikipedia.org/wiki/Cause_of_action
• EP008 (explaining laches in the trademark infringement context): https://www.keith.law/trademark/explaining-laches-an-equitable-defense-to-trademark-infringement/
• Information about the Lanham Act: https://en.wikipedia.org/wiki/Lanham_Act
• Texas Trademarks Act: https://statutes.capitol.texas.gov/Docs/BC/htm/BC.16.htm
• Texas Uniform Trade Secret Act: https://statutes.capitol.texas.gov/Docs/CP/htm/CP.134A.htm
TIMESTAMPS:
00:00 — 'SOL' stands for 'statute of limitations' in the world of civil justice.
00:10 — Intro
00:33 — Statutes of limitations are time-limit rules—deadlines for pursuing a lawsuit.
01:10 — Overview of the eight questions that should be asked to determine the latest a lawsuit should be filed.
03:14 — Question 1: what's the specific cause of action's statute of limitation?
--:-- — Question 2: not covered in this episode.
04:56 — Question 3: when did the claim accrue?
05:50 — Question 4: can the accrual date be legally deferred?
06:36 — Question 5: tolling—can the time-limit be paused? Seven general reasons that supports tolling of limitations.
09:08 — Question 6: can the defendant be estopped (prevented) from asserting the limitations defense?
10:00 — Question 7: is the plaintiff's claim cut off before it accrues through a statute of repose?
10:58 — Question 8: is plaintiff's claim subject to the equitable defense of laches which could serve as a time-limit prior to the end of the statute of limitations?
11:41 — This episode's takeaways.
12:20 — Please subscribe, check the show notes, and email or schedule a call with your questions.
12:46 — Outro
Disclaimer: This audio and blog post are for informational purposes only and should not be misinterpreted as legal or other professional advice. If you have a legal question, you should consult with an attorney in your jurisdiction. Thank you for tuning in to Keith Law, PLLC.
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