Running of the statute of limitations

RUNNING OF THE STATUTE OF LIMITATIONS. A metaphorical expression, by which is meant that the time mentioned in the statute of limitations is considered as passing. 1 Bouv. Inst. n. 861.

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Consistent with Singleton, this holding was necessary to prevent borrowers from achieving a significant windfall by permanently cancelling their obligations to repay loans because of one failed foreclosure and the running of the statute of limitations after that foreclosure.
The Ninth Circuit, in In re Parmetex, however, held that the appointment of an interim trustee was a triggering event under the predecessor version of Section 546(a) dealing with the commencement of the running of the statute of limitations to file preference and other avoidance actions.
The running of the statute of limitations is tolled until the bonds are validated, so long as the failure to timely validate the bond 'was not due to [the bondholder's] own gross negligence.
Delaying the running of the statute of limitations while criminal investigations run their course is salient.
The Senate Report to the 1953 Act gives the following reasons for the change: "Section 3801 of the code allows either the taxpayer or the Commissioner to correct an improper tax result in certain cases where such action would otherwise be prevented by the running of the statute of limitations .
Nonetheless, the better view holds that 'the institution of plaintiffs suit tolls or suspends the running of the statute of limitations governing a compulsory counterclaim'"); Chauffeurs, Teamsters, Warehousemen & Helpers, Local Union No.
The Lilly Ledbetter Fair Pay Act provides that each discriminatory paycheck or benefits payment (such as a pension payment), rather than the original discriminatory compensation decision, begins the running of the statute of limitations under the Equal Pay Act.
Instead, the court established that scienter, or intent, is a critical part of a Section 10(b) fraud claim, and thus its presence is necessary to establish the running of the statute of limitations.
The more vexing legal issue is what constitutes the accrual date for the running of the statute of limitations in this case.
A good example would be providing a vague or incomplete notification as to the running of the statute of limitations.
38) The court reasoned that waiting for a disinterested majority to assume control of a board of directors in a closely held corporation would effectively halt the running of the statute of limitations in all minority shareholder initiated suits.
However, the plaintiff contended that the running of the statute of limitations for the decedent's conscious pain and suffering was not time barred.