In addition, the general contractor does not have to worry if the subcontractor maintained insurance during the
statute of repose, because if designed correctly, the CIP provides this coverage.
Even if the claim is brought within the
statute of repose, also see if it was brought within the three year (in North Carolina) statute of limitations which begins to run upon date of discovery of the problem.
The Court's typical practice would counsel in favor of dismissing the case and awaiting a future case in which the applicability of the
statute of repose is truly in dispute.
This Note examines the Supreme Court's reasoning in American Pipe and the distinct policies behind statutes of repose, arguing that the policies motivating [section] 13's
statute of repose are not disserved if the American Pipe tolling rule is extended to circumstances factually similar to those faced by the plaintiffs in IndyMac.
A statute of limitation period, unlike a
statute of repose, can be extended.
20) Nevertheless, the district court granted summary judgment for the lender, holding that the three-year
statute of repose contained in 15 U.
A
statute of repose is useful in the general aviation industry due to the longevity of the products, which pose a liability risk for an extended period.
Further, the court rejected Mary's contention that the ten year
statute of repose was applicable to the case.
Moreover, many states have a short statute of limitations for medical malpractice, and even a
statute of repose, (as does Washington), which forbids suit for any reason even including fraud, after age 7 or 8, an unlikely time for a child to retain his own counsel if his parents were too embarrassed or inattentive to do so.
Scott Walker, Act 2 provides partial protection against market share litigation to manufacturers of ubiquitous products, such as lead paint and asbestos, including a 25-year
statute of repose for discontinued products.
We demonstrate that the discovery provision in that regime should be discarded for a singular
statute of repose as the discovery provision unnecessarily precludes meritorious claims without providing any more support for the twin rationales beyond what is already provided by a
statute of repose alone.
The number of cases, which were abated due to
statute of repose within one year in Court of Appeals, is 19,000.
