Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Product Liability Law & StrategyKickerFeaturesTopicsCommercial LawSectionsNewsLJN Newsletters

Practice Tip: Foreign Statutes of Limitations

By Lawrence Goldhirsch and David Rosenband
October 30, 2008

When you file a suit on behalf of an out-of-state plaintiff, the state in which you file may have a borrowing statute. This type of statute usually prevents forum shopping by requiring the out-of-state plaintiff to file his case in the forum state within the statute of limitations permitted by his home state. If the home state's limitations period is longer than the forum's limitations period, then the forum limitation period applies. In essence, the plaintiff's claim must be timely under both the home and forum limitations period. However, it is not enough solely to look at the statute of limitations of the home and forum states as there may be tolling statutes or provisions that apply to the case.

Unless the attorney researches what is usually a complicated issue, he will not be aware at the outset of the case as to what the plaintiff's home state limitations period is. It is not enough to look up the time in which to file a negligence case, often found in tables covering the 50 states, as many states now have enacted special product liability acts that limit such cases when sounding in strict liability in tort or warranty. In order to see if your client's case is timely, you would also have to research the applicable tolling rules, such as absence from the state or date of discovery of the injury rules, all of which may toll the applicable limitations period. Additionally, some states have consumer fraud statutes permitting causes of action for personal injury and those may have yet another limitations period.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Bankruptcy Sales: Finding a Diamond In the Rough Image

There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.

Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs Image

A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.

Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It Image

Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?

A Lawyer's System for Active Reading Image

Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.

Blockchain Domains: New Developments for Brand Owners Image

Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.