Clearfield County v. Transystems Corp., et al, No.193 C.D. 2024 (November 1, 2024)(Covey, J.) Under Section 5536 of the Statute of Repose, an action cannot be brought in a construction claim more than 12 years after completion of the construction. The question is whether this applies where the plaintiff is in municipality. The doctrine of […]
Tag: Statute of Limitations
STATUTE OF LIMITATIONS-PRISONER LAW-BIVENS ACTION
Fisher v. Hollingsworth, 2024 U.S. App. LEXIS 20598 (U.S. Ct. of App. 3d. Cir., August 15, 2024) (Hardiman, J.) OPINION OF THE COURT HARDIMAN, Circuit Judge. This appeal involves an inmate seeking to recover damages from federal prison officials because of sexual assaults committed by another inmate. Consistent with the Supreme Court’s opinion in Egbert […]
STATUTE OF LIMITATIONS-DOE DEFENDANTS
Armbruster v. Eskola, 2024 U.S. Dist. LEXIS 123612 (M.D. Pa. July 15, 2024) (Mehalchick, Karoline J.) Bianca Armbruster, v. Bradley D. Eskola, United States District Court for the Middle District of Pennsylvania decided, July 15, 2024. This is our case, vehicle crash on Route 80. Was initiated by Doe Defendants, and after the statute ran, […]
STATUTE OF LIMITATIONS-ADMINISTRATIVE PROCEDURE ACT
Corner Post, Inc., Petitioner v. Board of Governors of The Federal Reserve System, U.S. LEXIS 2885 (S. Ct. July 1, 2024) (Barrett, J.) Corner Post, Inc., Petitioner v. Board of Governors of The Federal Reserve System, Supreme Court of the United States, decided, July 1, 2024. Justice Barrett delivered the opinion of the Court. The […]
STATUTE OF LIMITATIONS-MISCELLANEOUS
KEM Res., LP v. Deer Park Lumber, Inc., 310 A.3d 142 (Pa. S. Ct. February 21, 2024) (Mundy, J.). KEM Resources, LP and Ryvamat, Inc. each own an undivided fifty percent interest in the oil, gas, and mineral rights of a property located in Wyoming County. Ryvamat entered a paid-up gas lease with Unit Petroleum […]
STATUTE OF LIMITATIONS-LEGAL MALPRATICE
Poteat v. Asteak, 2024 Pa. Super. LEXIS 99 (March 21, 2024) (Dubow, J.). Appellant, Antoine Poteat, appeals pro se from the February 7, 2023 order entered in the Lehigh County Court of Common Pleas that sustained the preliminary objections filed by Appellees, Gary Asteak, Esq., and Nino v. Tinari, Esq., and dismissed his complaint for […]
STATUTE OF LIMITATIONS-ACCOUNTING ACTION-SIX-YEAR STATUTE OF LIMITATIONS
KEM Res., LP v. Deer Park Lumber, Inc., 2024 Pa. LEXIS 243, 2024 WL 696763 (February 21, 2024) (Mundy, J.). This case involved what seems like a contract breach involving a gas lease, but according to the court, Pennsylvania’s 6-year statute of limitations applies to any civil action or proceeding which is neither subject to […]
STATUTE OF LIMITATIONS-STATUTE OF REPOSE
Tibbitt v. Eagle Home Insps., LLC, 2023 Pa. Super. LEXIS 506 (October 30, 2023) (Lazarus, J.). Erin D. Tibbitt (f/k/a Erin D. Miller) appeals from the order, entered in the Court of Common Pleas of Allegheny County, dismissing all of her claims against Appellee Eagle Home Inspections, LLC (Eagle), and entering judgment on the pleadings […]
STATUTE OF LIMITATIONS-STATUTE OF REPOSE-CONSTRUCTION
Johnson v. Toll Bros., 2023 Pa. Super. LEXIS 410 (September 19, 2023) (Pellegrini, J.) In this construction defect case, Lee R. Johnson, Jr. and Victoria H. Johnson, H/W (the Johnsons) appeal an order of the Court of Common Pleas of Chester County (trial court) granting summary judgment in favor of Toll Brothers, Inc., Toll Bros., […]
STATUTE OF LIMITATIONS-TRANSFER FROM FEDERAL COURT
Quiah v. Devereux Found., Inc., 2023 Pa. Commw. LEXIS 145, 2023 WL 6051290 (September 18, 2023) (Leadbetter, S.J.) Alberta Quiah, Plaintiff, appeals from the Court of Common Pleas of Chester County’s grant of preliminary objections to her amended complaint against the Devereux Foundation—her former employer—and James Sesher, a detective in the Easttown Township Police Department […]