Law Commons^™

A New Wound For Old Scars: Why Act 1036 Of 2021 Is Unconstitutional And Why The Arkansas Retroactive-Legislation Doctrine Should Change, Bryce Jefferson

Arkansas Law Notes

In 2021, the Arkansas General Assembly overwhelmingly approved Act 1036, the Justice for Vulnerable Victims of Sexual Abuse Act. This Act amends the statute of limitations for “vulnerable victims” of sexual abuse. The Act allows a person who was either disabled, a minor, or both at the time he or she was a victim of sexual abuse to bring a civil action against an alleged abuser until the age of fifty-five (55)—replacing the former statutory age limit of twenty-one (21). The Act also revives previously time-barred claims for a period not earlier than six (6) months after and not later …

Tick, Tock: Clarifying The Fmla Statute Of Limitations For Claims Involving Absenteeism Policies, Sarah H. Lavelanet

St. Thomas Law Review

This Comment addresses the ambiguity within the FMLA statute of limitations, specifically the contested interpretation of “last event.” Part II provides background on the FMLA, including its history, purpose, and relevant provisions such as eligibility, rights, and enforcement thereunder. Part III analyzes how federal circuit courts are split on the interpretation of “last event” and how this affects the timeliness of FMLA claims. Part IV proposes amending the FMLA regulations to clarify the limitations period using the Barrett holding that “last event” constitutes the last denial of FMLA rights. Finally, Part V concludes, asserting that if this solution is adopted, …

Arkansas And The 3p Paradigm: What The Arkansas General Assembly Should Do To Better Protect Victims Of Sex Trafficking, Prosecute Sex Trafficking Offenders, And Prevent Sex Trafficking From Occurring Within The State, Melody Pruitt-Guffey

University of Arkansas at Little Rock Law Review

No abstract provided.

Considering The Therapeutic Consequences Of Recent Reforms To Civil Statutes Of Limitations For Child Sexual Abuse Claims, Emma Hetherington

Scholarly Works

In recent years, child sexual abuse has emerged as a major topic of news, documentaries, and Hollywood films. Public attention on child sexual abuse, including the Boston Globe's reporting on the sexual abuse of children by priests in the Catholic Church, sexual abuse of elite gymnasts, and the #MeToo movement, have brought increased attention to the issue, sparking calls for reform and access to justice. State legislatures across the country have answered these calls for reform by seeking to improve civil statutes of limitation in order to increase survivor access to justice. Between 2002 and 2020, forty-eight states and the …

The Gender Pay Gap, In Relation To Professional Sports, Bryan Ramdat

Journal of Race, Gender, and Ethnicity

No abstract provided.

Adverse Domination, Statutes Of Limitations And The In Pari Delicto Defense - Application In Cases Involving Claims Of Accounting Malpractice And Corporate Fraud, Laurence A. Steckman Esq., Adam J. Rader Esq.

Touro Law Review

No abstract provided.

Is Human Trafficking A Crime That Should Not Be Subject To Any Statute Of Limitations, Maria Barraco

Human Rights Brief

No abstract provided.

Ordered Into Oblivion: How Courts Have Rendered The Georgia Whistleblower Act Useless, And How To Fix It, Micah Barry

Seattle Journal for Social Justice

No abstract provided.

It's All In The Dna—How United States V. Hano Extends The Statute Of Limitations For The Eleventh Circuit, Caroline Walker

Mercer Law Review

It is likely that most professionals in all industries would agree that technology is rapidly evolving, most considering that assertion as a major understatement and some struggling to balance the variety of changes. In the legal realm, the DNA revolution has impacted both criminal prosecution and defense, specifically wrongful convictions, exonerations, proof of guilt at trial, and the reopening of cold cases. For example, since the first DNA exoneration in 1989, there have been 367 DNA exonerees in thirty-seven states to date. Forty-four percent of the exonerations involved misapplication of forensic science. Other law enforcement tools, such as rape kits …

Just How Reliable Is The Human Memory? The Admissibility Of Recovered Repressed Memories In Criminal Proceedings, Shannon L. Malone

Touro Law Review

No abstract provided.

Advocating At The Intersection Of Law, Science, And Culture Change: Options For Changing Minnesota's Statute Of Limitations For Criminal Sexual Conduct Felonies, Caroline Palmer

Mitchell Hamline Law Review

No abstract provided.

How Much Brain Deterioration Do You Need To Get Into Court: Analyzing The Issue Of Statutes Of Limitations For Athletes’ Concussion-Related Injury Litigation Through The Lens Of Toxic Tort Law, Dominic Dimattia

University of Baltimore Law Review

No abstract provided.

Statute Of Limitations For Child Sexual Abuse Civil Lawsuits In Georgia, Emma Hetherington, Jean Mangan, Chase Lyndale, Michael Nunnally, Wilbanks Child Endangerment And Sexual Exploitation Clinic, University Of Georgia School Of Law

Scholarly Works

Only 29% of child sexual abuse reports result in criminal charges being filed. As a result, most states have enacted civil statutes of limitations to allow survivors to file claims both against abusers and also those who owed them a duty of care and knew or should have known about the abuse. In 2015 the Georgia legislature passed the Hidden Predator Act (HPA) to amend the state’s civil statute of limitations. Under the HPA, survivors of child sexual abuse that occurred prior to July 1, 2015 were given a two-year retroactive window under which to file claims against their abusers. …

Groves V. United States (Seventh Circuit Court Of Appeals Brief), T. Keith Fogg

W. Edward "Ted" Afield

No abstract provided.

Tefra-Partnership Refunds: Five Steps To Protect A Partner’S Rights, Mary A. Mcnulty, Robert D. Probasco, Carla C. Crapster

Robert Probasco

The Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA) established a unified procedure for determining the tax treatment of partnership items at the partnership level rather than the partner level. The TEFRA-partnership refund procedures differ from the refund claim procedures that apply to other taxpayers. For a TEFRA partnership, a refund claim is an administrative adjustment request (AAF) and a notice of deficiency is a notice of final partnership administrative adjustment (FPAA). Procedures for the assessment of additional tax attributable to partnership items have received much attention in recent years, but the procedures concerning refunds are complex and full …

Tara Scott Et Al., Order Regrading Timeliness Of Plaintiffs Bailey M. Carter And Mary Wilson Carter's Claims, Elizabeth E. Long

Georgia Business Court Opinions

No abstract provided.

Borenstein V. Commissioner (Second Circuit Court Of Appeals Brief), T. Keith Fogg

W. Edward "Ted" Afield

No abstract provided.

Nuccio V. Nuccio: The Doctrine Of Equitable Estoppel Will Not Bar The Statute Of Limitations Defense In A Child Sexual Abuse Case Involving Repressed Memory, Christina J. D'Appolonia

Maine Law Review

Kathleen Nuccio alleged that she was sexually abused by her father when she was three years old. He continued to sexually abuse her for ten long years. He threatened her life when he held a chisel to her throat and vowed to kill her if she ever told anyone of the abuse. Luke Nuccio not only sexually defiled his daughter but also verbally abused her and physically beat her until she was seventeen years old. One such beating caused damage so severe to Kathleen's ear that she was forced to have surgery. Kathleen never spoke of the abuse during the …

Latent Medical Errors And Maine's Statute Of Limitations For Medical Malpractice: A Discussion Of The Issues, Kathryn M. Kendall

Maine Law Review

Each year in the United States, between 44,000 and 98,000 hospitalized patients die as a result of medical errors. Nearly a third of such errors are caused by negligence. Although most of these negligent mistakes become apparent to patients or their families shortly after they occur, a few remain undiscoverable for an extended length of time. When medical errors lead to the misdiagnosis of diseases with long latency periods, patients may be delayed in obtaining appropriate treatment. Nonetheless, in Maine, because medical malpractice actions are governed by a strict occurrence-based statute of limitations as opposed to a limitations period that …

Artis V. District Of Columbia—What Did The Court Actually Say?, Doron M. Kalir

Notre Dame Law Review Reflection

This Comment does not follow the many constitutional and jurisprudential intricacies of the fascinating battle of Artis v. District of Columbia. Instead, it intends to point to what seems to be a glaring misunderstanding of the majority opinion by the dissent. This Comment also raises the possibility that the majority itself did not understand the full implications of its own opinion, as evidenced by its response to the dissent. If this is indeed the state of affairs, an inevitable question arises: What did the Court actually say in Artis v. District of Columbia?

Ending Litigation And Financial Windfalls On Time-Barred Debts, Marc C. Mcallister

Washington and Lee Law Review

A trap for unsophisticated debtors, debt collectors often attempt to collect time-barred debts through written offers to settle those debts for a fraction of what is owed. Debtors typically respond to such offers in one of four ways. First, some debtors simply pay the offered settlement amount, usually 10%–40% of the total outstanding debt, thereby satisfying the debt in full. Second, those who wish to eliminate the debt but cannot pay the entire offered settlement amount will instead make a small payment, unwittingly reviving the statute of limitations on collections and making the entire debt judicially enforceable for several years …

Pressing Pause: Tolling Statutes Of Limitations For Sex Offenses While Rape Kits Remain Untested, Hunter Grolman

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Southern States Chemical Inc., Final Order Granting Defendants' Summary Judgment, Alice D. Bonner

Georgia Business Court Opinions

No abstract provided.

Tipping The Scales?: Maine Adopts The Continuing Negligent Treatment Doctrine In Baker V. Farrand, Michael P. Beers

Maine Law Review

In Baker v. Farrand, the Maine Supreme Judicial Court, sitting as the Law Court, held that for a series of related negligent acts or omissions committed by a health care provider or practitioner, a single cause of action “accrues” under the Maine Health Security Act (hereinafter MHSA) on the date of the last act or omission that contributed to the plaintiff’s injury. Hence, in situations where a physician provides continuing negligent treatment to a patient in which each and every one of the physician’s actions are negligent, the MHSA’s three-year statute of limitations does not begin to run until the …

Bolstering The Foundation Of Fundamental Fairness: The Ninth Circuit Declares Equitable Tolling Now Applies To The Federal Arbitration Act, Matthew E. Selmasska

Arbitration Law Review

No abstract provided.

Pedophiles Don’T Retire: Why The Statute Of Limitations On Sex Crimes Against Children Must Be Abolished, Symone Shinton

Chicago-Kent Law Review

Sex crimes against children are uniquely heinous. Victims suffer extensive trauma that extends long into adulthood. But despite significant psychological data that indicates survivors of childhood sexual abuse cannot and do not report their victimization on a neat and predictable timeline, sixteen states still require them to do so. Criminal statutes of limitations on sex crimes against children protect predators, permitting them to run out the clock and move on to their next victim. This Note will argue that placing the burden on survivors of sexual abuse to report in time is not only psychologically unreasonable, but also harmful to …

Yikes! Was I Wrong? A Second Look At The Viability Of Monitoring Capital Post-Conviction Counsel, Celestine Richards Mcconville

Maine Law Review

When Albert Holland’s capital post-conviction counsel filed his state post-conviction motion in September 2002, twelve days remained in the one-year statute of limitations for filing a federal habeas petition. While Holland might not have known exactly how much time was left in the federal limitations period, he knew he wanted to preserve his right to federal review, that the limitations period was tolled during non-discretionary state post-conviction review, and that he would be under the gun to get the federal petition filed once the Florida Supreme Court issued its decisions. And he made no ones about his desire to file …

A Lender’S Knowledge Of Alleged Breaches Of Fiduciary Duties Shall Not Be Imputed Upon Debtors In A Statute Of Limitations Analysis, Michael Derosa

Bankruptcy Research Library

(Excerpt)

Section 541 of the United States Bankruptcy Code (the “Code”) provides in part that the debtor’s estate includes “all legal or equitable interests of the debtor in property as of the commencement of the case.” The debtor’s interests include “whatever causes of action the debtor may have possessed prior to the petition date.” In certain circumstances, a creditor may obtain the right to bring claims of the debtor. In such a case, generally the creditor is stepping into the shoes of the debtor, and the creditor is subject to all defenses proffered by the defendant that would apply had …

Reforming Military Justice: An Analysis Of The Military Justice Act Of 2016, David A. Schlueter

Faculty Articles

The 2016 amendments to the Uniform Code of Military Justice (“UCMJ”) amounted to a sea change in American military justice. The Military Justice Act of 2016—a major reform of the Uniform Code of Military Justice—is set out in Division E of the National Defense Authorization Act for Fiscal Year 2017, and was signed into law by the President on December 23, 2016. Most of the amendments to the UCMJ addressed in this article will not become effective for some time—perhaps not until January 1, 2019 and in the interim, the current provisions of the UCMJ will continue to apply. Overall, …

Borenstein V. Commissioner (U.S. Tax Court Brief), T. Keith Fogg

W. Edward "Ted" Afield

No abstract provided.