550(6) provides additional certainty and finality to PRA cases, remaining consistent with the overall purpose of statutes of limitations
Statutes of limitations
are useful in that they are more or less a procedural barrier that appeals to the other party.
Criminal statutes of limitations
accrue when the perpetrator commits the crime and run until the government commences the prosecution.
At the time, the Democratic Party of Japan was leaning toward a system that would enable judges to suspend statutes of limitations
at the request of prosecutors.
1, at 5-6 (1991) (noting tension between procedural nature of limitations and underlying substantive rights); Developments, supra note 2, at 1177-80 (finding statutes of limitations
vary across different areas of law and jurisdiction); see also Matthew G.
5) Given the significant differences between the court process and the arbitral process, it should not come as a surprise that differences would extend into issues such as statutes of limitations
History and Policy of Statutes of Limitations
, Laches, and Statutes of Repose
In addition to practical problems, extensions on statutes of limitations
raise constitutional issues.
Hence, although it is possible to interpret the transition rule to permit netting when the statute of limitations is open for either the year of the overpayment or underpayment, the proposed regulations require that the statutes of limitations
for both the underpayments and overpayments be open in order to qualify for transitional relief.
In a Perfect World, certainly the perpetrator would pay for all subsequent therapy, but statutes of limitations
may preclude that from happening.
The passage of time means expiring statutes of limitations
for all manner of skullduggery.
The court noted that the concept of equitable recoupment was first applied in Bull,(138) and its purpose "is to relieve parties from the unfair application of statutes of limitations
in certain circumstances.