Topic
Every decision we've filed under Statute of Limitations.
The Fourth Circuit vacated a district court's dismissal of a civil rights complaint based on an incorrect statute of limitations. The court clarified that West Virginia's two-year personal injury limit applies to the plaintiff's Section 1983 claims.
The Ninth Circuit affirmed a district court order granting summary judgment to Meineke Franchisor in a franchise dispute. The appellate court rejected multiple counterclaims alleging fraud, breach of covenant, and statutory violations by the CJGL Parties.
The United States Court of Appeals for the Tenth Circuit denied a certificate of appealability to an Oklahoma prisoner seeking to challenge his murder conviction. The court held that the prisoner's federal habeas petition was untimely and failed to meet the actual innocence gateway despite presenting new affidavits.
The Fourth Circuit reversed a district court order confirming a foreign arbitration award because the petition was filed beyond the mandatory three-year statute of limitations under the Federal Arbitration Act. The court remanded the case for further proceedings to enforce the underlying Dutch court judgment under North Carolina law.
The United States Court of Appeals for the Tenth Circuit denied a certificate of appealability to a state prisoner challenging the timeliness of his federal habeas petition. The court held that the petitioner failed to demonstrate that reasonable jurists would debate the district court's procedural ruling that his claim was time-barred under the Antiterrorism and Effective Death Penalty Act.
The Ninth Circuit affirmed a district court order granting summary judgment against a California prisoner in a civil rights action. The appellate court held that the prisoner's claims were either time-barred or failed to exhaust administrative remedies under the Prison Litigation Reform Act.
The Third Circuit affirmed the conviction of a taxpayer who submitted false financial disclosure forms to the IRS. The court held that intentionally omitting bank accounts from these forms constitutes an affirmative act of tax evasion within the statute of limitations.
The Eighth Circuit reversed a district court judgment that allowed the government to collect delinquent OSHA penalties via the Debt Collection Improvement Act. The court held that the five-year statute of limitations in Section two thousand four hundred sixty-two applies to such collection actions because the underlying debts remain penalties.
The United States Court of Appeals for the Fourth Circuit dismissed an appeal regarding a habeas corpus petition filed by a state prisoner. The court denied a certificate of appealability because the petitioner failed to show that the district court's procedural ruling was debatable.
The Fourth Circuit dismissed an appeal by a state prisoner challenging the timeliness of his habeas corpus petition. The court found the petitioner failed to demonstrate a substantial showing of the denial of a constitutional right required for a certificate of appealability.