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colechristensenyesterday at 6:08 PM4 repliesview on HN

He lost on the grounds of a statue of limitations defense which is exactly the kind of thing which is easily appealable.


Replies

qyphyesterday at 6:16 PM

Are you a lawyer? IANAL but my understanding is it would be difficult for an appeal to succeed. Appeals courts only evaluate review matters of law, not of fact. Whether is has been more than the 3 year limit the statute of limitations places is a matter of fact I think. And the advisory jury makes this much harder to appeal. What do you think the grounds for appeal will be?

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frankchnyesterday at 6:32 PM

In this case, I think it is a jury's finding of fact re: the statute of limitations. Unless the appellate court finds that the trial court and jury is clearly erroneous, it will usually give significant deference to that finding.

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gamblor956yesterday at 8:30 PM

A state of limitations case is actually one of the strongest kinds of legal defenses a defendant can have.

It's a foundational issue that goes to whether the court is even allowed to proceed with the case. A defendant could be guilty/liable/whatever of the alleged claims, and it wouldn't matter. If the statute of limitations has run, they're in the clear.

The only counter to an SOL defense is to try and claim that the SOL was paused for some reason, but those exceptions are very narrow and wouldn't apply here (and in the real world very rarely apply to civil cases).

enraged_camelyesterday at 6:27 PM

Pretty sure it's the opposite: appeals mostly only work when the decision is not clear cut, and the statute of limitations is.