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Tag Archives: Statute Of Limitations

Negligence: Medical Malpractice-Statute of Limitations-Continuing-Care Doctrine

Where plaintiffs brought a medical malpractice action against a clinic and a doctor claiming that the doctor provided negligent post-operative care following an ovarian cyst-removal procedure, allegedly resulting in an infection and infertility, the two-year statute of limitations began running ...

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Workers’ Compensation: Second Injury Fund-Statute of Limitations

Where a claimant challenged the denial of his workers’ compensation claim seeking temporary total and permanent partial disability benefits from his employer and permanent total disability benefits from the Second Injury Fund, the Labor and Industrial Relations Commission erred in ...

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Civil Rights: Dismissal-Statute of Limitations

Where appellant challenged the dismissal of his civil rights action, the district court properly found the claims to be barred by the applicable statute of limitations. Judgment is affirmed. Clayborne v. Parker (MLW No. 74445/Case No. 19-2410 – 2 pages) ...

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Civil Practice: Federal Tort Claims Act-Statute of Limitations-Equitable Tolling

Where appellant challenged the district court’s finding that her claim under the Federal Tort Claims Act was time-barred, the court properly found that the action was untimely, and she did not present evidence to show fraudulent concealment or incapacity to ...

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Civil Rights: 42 U.S.C. §1983-Racially Motivated Arrest and Prosecution-Statute of Limitations

Plaintiffs filed suit against defendants, alleging that plaintiffs’ arrest on charges of conspiracy and witness-tampering following a domestic disturbance was racially motivated, in violation of the First, Sixth, Eighth, and 14th  Amendments. The district court dismissed plaintiffs’ 42 U.S.C. §1983 ...

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Real Property: Quiet Title-Slander of Title-Statute of Limitations

Where a mortgage company challenged a judgment quieting title to a homeowner, arguing that her quiet title and slander of title claims were barred by the applicable statutes of limitation, the resolution of the timely declaratory-relief claims controlled the resolution ...

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Employment: Workers’ Compensation-Second Injury Fund-Statute of Limitations

Plaintiff appealed the final award denying his claim for benefits from the Second Injury Fund for hearing loss and tinnitus plaintiff alleged was caused by his exposure to industrial noise while working for the Solo Cup Company. The commission denied ...

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Torts; Assault And Battery-Emotional Distress-Statute Of Limitations

Where petitioner sought the dismissal of claims against him for assault, battery, intentional infliction of emotional distress and negligent infliction of emotional distress, the assault and battery claims were time barred, but the emotional distress claims properly alleged claims independent ...

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