limitations defense (District of Columbia) · Go Syfert
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limitations defense in District of Columbia

13 District of Columbia opinions name it 1 courts 1973–2011 0 in the last five years

The cases below were cited by District of Columbia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (10)

CaseFollowedCited
Kurt Strauss v. Douglas Aircraft Co.green
ca2 · 1968 · cited in 3 District of Columbia opinions naming this issue, 1986–1997
2 sentences

1996The Strauss court held that “because of the substantial prejudice to Strauss caused by Douglas’ excessive delay in raising the Statute of Limitations defense, the court below abused its discretion in permitting Douglas to amend its answer.” Id. at 1158 .

1986Because the defendant in Roe did not do that, it “waived the statute of limitations by not pleading this defense in its answer.” Id. at 832 ; accord, Basko v. Winthrop Laboratories, Inc., 268 F.Supp. 26, 28-29 (D.Conn.1967) (because the statute of limitations was the obvious defense, “in fairness to all parties [it] should have been explicitly preserved in the answer”); see Strauss v. Douglas Aircraft Co., supra, 404 F.2d at 1156 (when defendant sought leave to amend its answer four years after it was filed, court held that defendant “should have raised the limitations defense in its original

23
Daniels v. Beeksgreen
dc · 1987 · cited in 1 District of Columbia opinions naming this issue, 2007–2007
2 sentences

2007Cf. Daniels, supra, 532 A.2d at 128-29 (concluding that the trial court’s refusal to amend the pretrial order was an abuse of discretion because the request for amendment was not filed on the eve of trial, the amendment was justified by the late discovery of evidence, and any surprise or prejudice could have been cured).

2007Cf. Daniels, supra, 532 A.2d at 128-29 (concluding that the trial court’s refusal to amend the pretrial order was an abuse of discretion because the request for amendment was not filed on the eve of trial, the amendment was justified by the late discovery of evidence, and any surprise or prejudice could have been cured).

11
Atraqchi v. GUMC Unified Billing Servicesgreen
dc · 2002 · cited in 1 District of Columbia opinions naming this issue, 2005–2005
1 sentence

2005See Atraqchi v. GUMC Unified Billing Servs., 788 A.2d 559, 562 (D.C.2002) (citing Fingerhut v. Children’s Nat’l Med.

11
Davis v. United Statesgreen
dc · 1989 · cited in 1 District of Columbia opinions naming this issue, 2000–2000
1 sentence

2000Although it appears from the facts before us that ESS’s DCHRA claims may be time-barred, we are cognizant that there has been no fact-finding on the issue of accrual and that the record may be incomplete on this issue. 16 See Davis v. United States, 564 A.2d 31, 40 (D.C.1989) (en banc) (noting “general principle that appellate courts should defer to the trier of fact because, as a functional matter, the trier of fact is better positioned to make such findings”).

11
Kulzer v. Pittsburgh-Corning Corp.green
ca2 · 1991 · cited in 1 District of Columbia opinions naming this issue, 2000–2000
1 sentence

2000Santos, 619 F.2d at 967 ; Kulzer v. Pittsburgh-Corning Corp., 942 F.2d 122, 125 (2d Cir.1991); Tahoe-Sieira, 992 F.Supp. at 1225 .

11
Arthur Davis v. Kay Bryan, Raymond Lopes, Aaron Ment, John D. Brennan and George Bronsongreen
ca2 · 1987 · cited in 1 District of Columbia opinions naming this issue, 1998–1998
1 sentence

1998See id. at 105 ("If a defendant fails to assert the statute of limitations defense, the district court ordinarily should not raise it sua sponte.") (quoting Davis v. Bryan, 810 F.2d 42, 44 (2d Cir.1987)).

11
Feldman v. Gogosgreen
dc · 1993 · cited in 1 District of Columbia opinions naming this issue, 1998–1998
1 sentence

1998See id. at 105 ("If a defendant fails to assert the statute of limitations defense, the district court ordinarily should not raise it sua sponte.") (quoting Davis v. Bryan, 810 F.2d 42, 44 (2d Cir.1987)).

11
Perry v. Seragreen
dc · 1993 · cited in 1 District of Columbia opinions naming this issue, 1997–1997
1 sentence

1997Perry v. Sera, 623 A.2d 1210, 1219 (D.C.1993).

11
Whitener v. Washington Metropolitan Area Transit Authoritygreen
dc · 1986 · cited in 1 District of Columbia opinions naming this issue, 1997–1997
2 sentences

1997“If the defense [of the statute of limitations] lurks in the case, vacillation can cause the other party irreparable injury.” Strauss v. Douglas Aircraft Co., 404 F.2d 1152, 1155 (2d Cir.1968); accord, Whitener, supra, 505 A.2d at 460 (quoting Strauss).

1997“If the defense [of the statute of limitations] lurks in the case, vacillation can cause the other party irreparable injury.” Strauss v. Douglas Aircraft Co., 404 F.2d 1152, 1155 (2d Cir.1968); accord, Whitener, supra, 505 A.2d at 460 (quoting Strauss).

11
Basko v. Winthrop Laboratories, Inc.green
ctd · 1967 · cited in 1 District of Columbia opinions naming this issue, 1986–1986
1 sentence

1986Because the defendant in Roe did not do that, it “waived the statute of limitations by not pleading this defense in its answer.” Id. at 832 ; accord, Basko v. Winthrop Laboratories, Inc., 268 F.Supp. 26, 28-29 (D.Conn.1967) (because the statute of limitations was the obvious defense, “in fairness to all parties [it] should have been explicitly preserved in the answer”); see Strauss v. Douglas Aircraft Co., supra, 404 F.2d at 1156 (when defendant sought leave to amend its answer four years after it was filed, court held that defendant “should have raised the limitations defense in its original

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in District of Columbia. Read the followed side critically anyway.

Also cited on this issue (9)

CaseCitedYears
Oparaugo v. Watts green
dc · 2005
1 sentence

2011In sum, “[o]n this record, it is not clear that [the minor QHC] appellants] could present no set of facts that would entitle [them] to relief from the limitations bar.” Oparaugo, 884 A.2d at 75 .

12011–2011
Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency green
nvd · 1998
1 sentence

2000Santos, 619 F.2d at 967 ; Kulzer v. Pittsburgh-Corning Corp., 942 F.2d 122, 125 (2d Cir.1991); Tahoe-Sieira, 992 F.Supp. at 1225 .

12000–2000
Bradley v. School Bd. of Richmond green
scotus · 1974
2 sentences

1999Based upon his testimony that he did not learn of the crime victims’ compensation program until after he had been awarded only partial workers’ compensation and “was in hardship,” petitioner argues that he should receive the benefit of the new limitations rule — without regard to why he missed the old deadline — under the doctrine that “a court is to apply the law in effect at the time it renders its decision.” Bradley v. School Bd. of Richmond, 416 U.S. 696, 711 , 94 S.Ct. 2006 , 40 L.Ed.2d 476 (1974).

1999Based upon his testimony that he did not learn of the crime victims’ compensation program until after he had been awarded only partial workers’ compensation and “was in hardship,” petitioner argues that he should receive the benefit of the new limitations rule — without regard to why he missed the old deadline — under the doctrine that “a court is to apply the law in effect at the time it renders its decision.” Bradley v. School Bd. of Richmond, 416 U.S. 696, 711 , 94 S.Ct. 2006 , 40 L.Ed.2d 476 (1974).

11999–1999
Yanci Dupree v. Burtell Jefferson green
cadc · 1981
2 sentences

1996Dupree v. Jefferson, 215 U.S.App.D.C. at 47-48 , 666 F.2d at 610-11 .

1996Dupree v. Jefferson, 215 U.S.App.D.C. at 47-48 , 666 F.2d at 610-11 .

11996–1996
Namerdy v. Generalcar green
dc · 1966
1 sentence

1992NOTES [1] Appellees are the general landlord, and the tenant of which appellant was a subtenant, both of which have offices in the District of Columbia. [2] The plaintiff in Namerdy was still able to collect on all except the first installment payment under the parties' agreement. 217 A.2d at 113 . [3] The law at the time was apparently in conflict among the federal circuits.

11992–1992
Faith v. Texaco, Inc. green
miwd · 1969
1 sentence

1986Because the defendant in Roe did not do that, it “waived the statute of limitations by not pleading this defense in its answer.” Id. at 832 ; accord, Basko v. Winthrop Laboratories, Inc., 268 F.Supp. 26, 28-29 (D.Conn.1967) (because the statute of limitations was the obvious defense, “in fairness to all parties [it] should have been explicitly preserved in the answer”); see Strauss v. Douglas Aircraft Co., supra, 404 F.2d at 1156 (when defendant sought leave to amend its answer four years after it was filed, court held that defendant “should have raised the limitations defense in its original

11986–1986
Roe v. Sears, Roebuck & Co. green
ca7 · 1943
1 sentence

1986Because the defendant in Roe did not do that, it “waived the statute of limitations by not pleading this defense in its answer.” Id. at 832 ; accord, Basko v. Winthrop Laboratories, Inc., 268 F.Supp. 26, 28-29 (D.Conn.1967) (because the statute of limitations was the obvious defense, “in fairness to all parties [it] should have been explicitly preserved in the answer”); see Strauss v. Douglas Aircraft Co., supra, 404 F.2d at 1156 (when defendant sought leave to amend its answer four years after it was filed, court held that defendant “should have raised the limitations defense in its original

11986–1986
Begnaud v. White green
ca6 · 1948
1 sentence

1973E. g., Begnaud v. White, 170 F.2d 323 (6th Cir. 1948); Delson v. Minogue, 190 F.Supp. 935 (E.D.N.Y.1961).

11973–1973
Delson v. Minogue green
nyed · 1961
1 sentence

1973E. g., Begnaud v. White, 170 F.2d 323 (6th Cir. 1948); Delson v. Minogue, 190 F.Supp. 935 (E.D.N.Y.1961).

11973–1973

Statutes the citing opinions construe

DC § D.C. Code § 12-301 (10) DC § D.C. Code § 12-302 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 460 (1935–2026) NY 234 (1866–2026) CA 116 (1897–2026) IL 90 (1923–2024) MD 49 (1969–2026) FL 42 (1879–2026) OH 39 (1926–2026) IA 38 (1904–2026) NJ 33 (1902–2024) PA 33 (1893–2024) AL 32 (1928–2024) AZ 25 (1971–2026) CT 23 (1913–2000) KY 21 (1929–2026) MA 19 (1979–2026) OR 17 (1898–2026) MI 16 (1925–2025) KS 15 (1917–2019) UT 15 (1913–2026) IN 14 (1956–2018) DE 13 (1989–2026) DC 13 (1973–2011) MO 12 (1932–2007) OK 11 (1923–2017) CO 11 (1981–2026) AR 10 (1923–2023) WA 10 (1929–2021) MS 9 (1949–2013) VT 9 (1978–2018) TN 8 (1988–2024) NM 6 (1981–2003) WY 6 (1971–2025) MN 6 (1911–1995) SC 6 (1972–2019) VA 6 (1932–2021) MT 6 (1914–2008) NC 5 (1965–2025) NE 5 (1927–2017) LA 4 (1959–2024) HI 4 (1998–2017) ND 3 (2008–2020) GA 3 (1933–2024) WI 3 (1981–2020) VI 3 (2015–2023) ME 3 (1939–2025) NH 3 (1983–2025) WV 2 (1990–1995) ID 2 (1980–1999) AK 2 (1985–1988)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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