Tag Archives: Statutes of Limitation

NM Supreme Court: Fraudulent concealment doctrine applies to wrongful death claims

The New Mexico Supreme Court has held that the doctrine of fraudulent concealment can toll the statute of limitations for wrongful death claims. The opinion is Estate of Brice v. Toyota Motor Corporation, written by Justice Maes (Justice Nakamura did … Continue reading

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Warranty claims seeking personal injury damages are governed by 4-year UCC statute of limitations, says NM Supreme Court

If a plaintiff asserts a breach of warranty claim under the Uniform Commercial Code, and seeks damages for personal injuries, that claim is governed by the 4-year UCC statute of limitations, not the 3-year statute of limitations for tort claims. So … Continue reading

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NM Court of Appeals: 10.5 months was sufficient time to file medical malpractice lawsuit

The New Mexico Medical Malpractice Act creates a statute of repose, not a statute of limitations. This means that a medical negligence lawsuit against a qualified healthcare provider must be filed within three years of the malpractice, regardless of whether the … Continue reading

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10th Circuit: If you think someone’s stealing your beer, take your claim to the bar before it’s barred

Eric Alden knew something funny was going on at the Wyoming liquor store that he managed and operated. In 2005, the store’s accountant notified him that beer purchases had exceeded beer sales for some time. Mr. Alden also learned about significant discrepancies … Continue reading

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Tenth Circuit: College Edition!

Just as the Jeopardy! gameshow has an annual College Championship, so too our federal appellate courts apparently have special days when they issue opinions addressing events on our nation’s college campuses. Last Monday, December 23, 2013, was one of those … Continue reading

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NM Court of Appeals decisions during the first half of December 2013

I apologize for the lack of posts recently. Over the past two weeks I’ve been assisting with a trial in Santa Fe. Now that it’s over, I’m glad to be back with you all. The New Mexico Court of Appeals … Continue reading

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Statute of limitations for age discrimination claim runs at firing, not when plaintiff discovers younger replacement has been hired

The New Mexico Court of Appeals has held that the 300-day statute of limitations for age discrimination claims under the New Mexico Human Rights Act begins to run when the plaintiff suffers an adverse employment action, not when she discovers that a … Continue reading

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