A Capehart Scatchard Blog

Statute of Limitations

Counterclaim Filed After Statute of Limitations Expired Permitted to “Relate Back” to Timely Filed Complaint

By on December 28, 2017 in Statute of Limitations with 0 Comments

In New Jersey, personal injury actions must be filed within two years of the accrual of the action. What happens if the complaint is filed on the last day of the statute of limitations and the defendant wishes to file a counterclaim arising out of the same incident? Is the counterclaim barred? That was the […]

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Claim Based on Breach of Installment Contract Found to Accrue as of Date of Missed Payment

In a dispute against the executor of an estate, the two beneficiaries under the decedent’s will (Mark and Michael Balk) sued the executor (Mark Roseman) for breach of fiduciary duty and sought to remove him as executor. Ultimately, the parties reached an agreement, in which the executor Roseman agreed to execute a promissory note in […]

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Limitation Provision in Homeowner’s Insurance Policy Upheld by Court

By on February 19, 2016 in Statute of Limitations with 0 Comments

While the New Jersey statute of limitations for a contract claim, which would include a claim against an insurance policy, is 6 years, some insurance policies contain shorter limitation periods to file a lawsuit against the carrier. In the federal court case of Majagah v. AIG Property Casualty Insurance Agency, Inc., 2016 U.S. Dist. LEXIS […]

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Appellate Division Upholds Jury Verdict of $1 million for Auto Accident Causing Plaintiff to have Sustained 2 Herniated Discs

By on January 15, 2016 in Statute of Limitations with 0 Comments

In the recent case of Gibbs v. Camillo, 2015 N.J. Super. Unpub. LEXIS 2810 (App. Div. Dec. 7, 2015), the Appellate Division was asked to overturn the jury verdict in the amount of $1 million, awarded as compensatory damages to the plaintiff for the two herniated discs she suffered from her automobile accident. The defendant […]

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State Farm’s Actions in Acknowledging Claim and Requesting Information Not Toll the Statute of Limitations

By on December 18, 2015 in Statute of Limitations with 0 Comments

In New Jersey, claimants must file a lawsuit for any personal injuries suffered within 2 years of the date of the accident or their claim will be barred based upon the statute of limitations. Plaintiff Francis Suero was injured on January 13, 2010 when he was driving his vehicle and it was rear-ended by defendant […]

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