Trial opens vs. ex-lawyer in '78 Stockbridge art theft Aug 13, 2008
The statute of limitations on any other charges has passed, according to court records. Mardirosian's client, David Colvin, was shot to death in 1979 but left the seven paintings behind in an office loft owned by Mardirosian, who discovered them in 1980, according to court records. (Boston Globe)
Lawyer Wants Sex Morgue Case Dropped Aug 13, 2008
He says the statute of limitations has run out ... that statute of limitations has passed. (WKRC.com, OH)
Pa. Judge OKs Malpractice Suit Against Nixon Peabody Aug 12, 2008
"Rather, they complain about Nixon Peabody's failure to advise them regarding the controlling law applicable to Rubin's claim, i.e. application of the statute of limitations and its ramifications." ... In its malpractice suit, Jan Rubin alleges Nixon Peabody failed to file, within the applicable statute of limitations, one of the claims the company sought to prosecute ... "Plaintiffs allege that if Nixon Peabody had been honest and forthcoming during the Kentucky representation and Nixon Peabody... (Law.com)
Harper's: Edwards Folds Anti-Poverty Efforts Aug 12, 2008
Or maybe it just means if enough years pass, the statute of limitations on affairs will allow Edwards to run for prez again. I'll take a stab about his fitness for office, btp. (WOKR13 Rochester)
A righteous quest Aug 9, 2008
Civil suits have been rare though, because in most cases the statute of limitations has expired. Burnham has been on a quest for years now to prosecute crimes from the civil rights era. (Boston Globe)
Clash Between Trial Bar and Business Expected Over False Claims Act Aug 9, 2008
Impose a single 10-year statute of limitations on qui tam filings, and if the government intervenes, any additional grounds it asserts relate back to the date of the original qui tam action. Hutt and FCA expert John Boese, a partner in the Washington office of New York's Fried, Frank, Harris, Shriver & Jacobson, contend that both bills are seriously flawed, making it difficult to say which is worse. (Law.com)
LaRosa 'sorry' for sex crimes Aug 9, 2008
Backagain wrote on Aug 8, 2008 4:36 PM:" I think on this, you can't blame the judge. I believe the statute of limitations were out, so the judge is not at fault. Legel stated that he was sentenced within the guidelines. Don't forget, he also plea bargained...I personally think that in cases like this, there should be no plea bargaining or statute of limitations and I also think that we are too easy on CSC cases. His victims have to live with what he did to them everyday. It has affected their... (Gaylord Herald Times, MI)
Senate race takes an ugly turn Aug 7, 2008
"When did the statute of limitations on moral outrage expire?". Sproul said the point of the mailer is to underscore what he called Pearce's less-than-honorable conduct. (AZCentral -- News)
Stevens requests trial be held in Alaska Aug 6, 2008
Sometimes the statute of limitations has passed, or the evidence may not pass muster. In other cases, it may be that it is impossible to show a quid pro quo. (Anchorage Daily News)
Associate's Sex Discrimination Claims Proceed Against Firm Aug 5, 2008
She dismissed a number of Collins' claims on statute of limitations grounds. The judge said the firm's failure to promote Collins or raise her salary were discrete events that were time-barred with regard to alleged instances between 1997 and 2001. (Law.com)
Catholic pastor leaves position amid abuse allegations Aug 5, 2008
The matter was referred to the Manhattan district attorney's office, which said Monday that the statute of limitations had expired. "If there are any new complaints, we will investigate," spokeswoman Alicia Maxey-Greene said. (USA Today -- News)
Man's court quest: the tooth, and nothing but the tooth He wants teeth, the whole teeth, nothing but the teeth Aug 5, 2008
When a Wake magistrate threw out his case July 23 because the two-year statute of limitations had expired, Tharrington appealed, undeterred. The appeal, filed last week, is waiting to go before a Wake District Court judge. (News & Observer)
Beijing hopes to dodge rain Aug 5, 2008
"I know it's a long time, but you know ultimately on the mid-term, a couple of months, I'm sure that everything will be finalized and that the athletes who are clean will be rewarded." Though the Olympic statute of limitations on doping cases is eight years, it's lengthened if a disciplinary commission initiates a case. "So we are not hindered by that whatsoever," Rogge said. (Boston Globe -- Sports)
This Buds not for you Aug 4, 2008
well, let s forget that; statute of limitations you know. if I were given a choice of a Bud or Gatorade I d have to give it serious thought. (Braintree Forum, MA)
Rogge: 'magic of games' will take over in Beijing Aug 3, 2008
Rogge said the IOC was not constrained by an eight-year statute of limitations, saying the clock starts running only when an investigation is opened. We want to render justice when all the factors are known, he said. (San Diego Union-Tribune -- Sports)
U.S. loses 1,600m relay gold from 2000 Games Aug 3, 2008
No time frame for a decision on medal redistribution has been set, although an eight-year statute of limitations expires on Oct. 1. Nigeria finished second in the men's 1,600-meter relay, with Jamaica third and the Bahamas fourth. (SportsIllustrated.CNN)
OSHA begins investigation of fatal accident at work site Aug 3, 2008
Kevin Beauregard, assistant director for the OSHA division of the N.C. Department of Labor, said there is a statute of limitations of six months on OSHA investigations and indicated that it could take some time to determine what happened. "We're early on in the investigation, but we'll try to do it as quickly as possible," Beauregard said. (Lenoir News Topic, NC)
Thelen Responds to Malpractice Allegations Aug 2, 2008
The firm also said the claims are barred by the statute of limitations. Thelen acknowledged that an associate reassigned an IVI patent to a Gardiner company and that an alleged Gardiner company replaced an IVI subsidiary as a party to a research agreement with Johns Hopkins University. (Law.com)
U.S. companies owe $58B in payroll taxes, says GAO Aug 2, 2008
Federal collection efforts are restricted by a 10-year statute of limitations from the time the taxes are first assessed. About $4 billion a year is uncollectible, according to the GAO.. (Dallas Business Journal, TX)
Darts & Laurels: Tombstones righted after heinous act Aug 2, 2008
More victims came forward with stories of abuse, but the statute of limitations prevented justice in those cases. LAUREL: To Christine Kuhn, who fought through the pain, and finally convinced the church and the courts of Klever's sexual abuse of her that started when she was only 13 years old. (The Delaware County Times, PA)
Terms of Service Aug 1, 2008
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. (Yahoo News -- Auto Racing)
City, county dive into pool funding issues Aug 1, 2008
Hill County Attorney Cyndee Peterson advised the County Commission in January 1997, in her letter stating that the 1974 agreement was invalid, that due to violations of the statute of limitations and the legal principle of offer and acceptance, the past-due bill did not have any legal basis. Contention on negotiations During Wednesday s meeting, Terry Schend, chair of the city Finance Committee, said his perception of the discussion between the city and county, through Wednesday, was that the... (Havre Daily News, MT)
Second South Shore developer files RICO lawsuit against Commerce Bank & Trust Jul 31, 2008
James D. O'Brien Jr., a lawyer representing Commerce Bank & Trust Co., also filed a motion to dismiss Sanderson's lawsuit, saying the four-year statute of limitations expired. "I don't think there's any liability on the part of the bank based upon the claims alleged" in Sanderson's complaint, said O'Brien. (Boston Globe)
Alabama Boy Gets Death Threats for Hunting 1,000-Pound Monster Pig Jul 31, 2008
Shearer said that no charges are being pressed against the hunters, as the Alabama statute of limitations on animal cruelty has already elapsed. Yet the Stone family is feeling the wrath of some critics. (Fox News)
Serial rapist Richard Gillmore's victims meet, strengthen their bonds Jul 31, 2008
They've also started plotting what they can collectively work toward to make sure other women don't suffer as they did: from lobbying the Legislature for a change in the statute of limitations for rape to ensuring victims' rights aren't trampled but strengthened at parole hearings. "Just between us." Tudor said, "there's a strength.". (OregonLive, OR -- News)
Ex-minister sentenced to probation Jul 31, 2008
Before it was over, others also came forward with stories of abuse at his hands, but the statute of limitations had run out. "It was a loophole in the law," said Kuhn, which Deputy District Attorney Sheldon Kovach detailed to the victims. (The Delaware County Times, PA)
Munson: Donaghy scandal offers serious lessons for NBA Jul 30, 2008
Other assertions from Donaghy were so old that the statute of limitations had expired, and the FBI did not even investigate them. How much time will Donaghy actually spend in prison. (ESPN -- Golf News)
Cold storage Jul 30, 2008
The new rules will make athletes competing in the upcoming Games subject to results of tests that could be developed any time within the statute of limitations established in 2004 by the World Anti-Doping Agency (WADA). "This is definitely significant," U.S. Anti-Doping Agency spokeswoman Erin Hannan said in an e-mail. (USA Today -- Sports)
IRS pledges better collection of business taxes Jul 30, 2008
Beyond that, a statute of limitations generally kicks in and the money is permanently lost. The report faulted the IRS for relying on voluntary compliance, even for the worst offenders. (MSNBC -- Business)
Teen Rape Investigation Suspended Jul 30, 2008
There is a minimum three-year statute of limitations on the rape allegation. Previous Stories. (News4Jax.com, FL)
Hoboken case sets precedent for govt recordsCity wins two lawsuits; Court says Mason missed deadlines Jul 29, 2008
Of the 15 counts, 13 of them were found by the court to have been filed after the 45-day statute of limitations. The court upheld the state's 45-day statute of limitations in their ruling. (West New York Reporter, NJ)
Criminal offence Jul 29, 2008
A civil claim would be subject to the statute of limitations. In Peninsular Malaysia, the limitation period is six years, and in Sabah and Sarawak, one year. (The Star Online, Malaysia -- News)
Businesses owe IRS $58B in tax withholdings Jul 29, 2008
Beyond that, a statute of limitations generally kicks in and the money is permanently lost. Cheating on payroll taxes is not an abstract concept, said Sen. (AZCentral -- Business)
Is Wooten a good trooper? Jul 28, 2008
The statute of limitations for shooting a moose without a permit is five years. TASING THE STEPSON. (Anchorage Daily News)
Bermuda leader's son faces sex charges Jul 27, 2008
While the charges date to 2006, investigators are looking into allegations that go back about 10 years to Brown's residency at the Martin Luther King Jr. Drew Medical Center, Wise said, though those incidents likely fall outside the statute of limitations. Defense lawyer Blair Berk declined to comment on the specifics of the case but said Brown would "vigorously defend his innocence.". (Pocatello Idaho State Journal, ID)
Berlusconi pushes through law granting himself immunity from ... Jul 26, 2008
He has won all cases brought against him so far for corruption, tax fraud and illegal party funding, either through acquittal on appeal or because time ran out under Italy's statute of limitations. Niccolo Ghedini, Mr Berlusconi's defence lawyer, who is also a parliamentary deputy, told The Times that the judge in the case would now decide whether to proceed against Mr Mills alone. (Times Online)
Another victim of Richard Gillmore -- the 5th -- tells what happened Jul 26, 2008
But he was not prosecuted in the earlier cases because the three-year statute of limitations had passed. The 22-year-old was rooming with two other women in a ranch house in the 14700 block of Southeast Rhine Street. (OregonLive, OR -- News)
The subpoena diaries Jul 26, 2008
One thing is for sure: After four years, there is clearly no statute of limitations on SEC-style payback. And it could only happen here at SEC Media Days. (Alabama Sports -- Rivals.com)
Watchdog; City attorney: Schuster motivated by 'avarice' Jul 26, 2008
The statute of limitations protected her from presenting evidence for prosecution beyond that point. There is little doubt that the defendant s nefarious (i. (Gaylord Herald Times, MI)
$10 Million Verdict Upheld Against PricewaterhouseCoopers Jul 25, 2008
The appellate panel also rejected PricewaterhouseCoopers' contention that the 2002 filing of the Kelletts' claims exceeded the statute of limitations on events that had occurred largely in 1994 and 1995. "For purposes of this appeal, PwC concedes that the plaintiffs introduced evidence that ... Coopers engaged in actual fraud," Ellington wrote. (Law.com)
Berlusconi 'freed' by Italy's new immunity law Jul 25, 2008
He has won all the cases against him, either by acquittal or because time ran out under Italy's statute of limitations. ( ). (Globe and Mail -- International)
Senators plan laws to target offshore tax evasion Jul 25, 2008
and Charles Grassley, R-Iowa, said the IRS needs a longer statute of limitations to prosecute those who fail to report foreign accounts, clearer authority to enforce the filing requirement and stricter identity-disclosure rules for those who profit from offshore transactions. "We also need to reform our tax code to make moving business offshore less attractive," said Baucus. (USA Today -- Money)
Another Abuse Claim Against Former West Hartford Principal Jul 24, 2008
That lawsuit was dismissed last year because the statute of limitations had expired. A previous accusation also came to light during that lawsuit when, during his sworn deposition, Ellis said he'd been once threatened with a lawsuit by someone who claimed to have had a sexual relationship with him, and that there had been a confidential settlement. (FOX61, CT)
Fourth victim steps forward to protest release of rapist Jul 24, 2008
Prosecutors didn't try the other cases because the statute of limitations -- three years in the late 1980s, six years today -- had passed. Yet Smith was among the eight victims who testified at Gillmore's sentencing in 1987. (OregonLive, OR -- News)
Fourth woman goes public against Jogger Rapist's release Jul 24, 2008
He admitted to raping eight women from 1979 through 1981, but he wasn't prosecuted for his crimes because the statute of limitations at the time was only three years. He is eligible for parole and has been fighting to be released from prison despite the impassioned protests of his rape victims. (KGW Northwest NewsChannel 8, OR)
Workers Can't Catch a Break From Calif. Court Jul 23, 2008
" The 4th District reached the identical conclusion in the same case in an unpublished ruling released in October 2007. The state Supreme Court granted review that same month, but transferred the case back to the 4th District -- at the lower court's request -- because of a clerical error that made it difficult for the losing side to seek rehearing. Kralowec said Tuesday's ruling runs afoul of the California Supreme Court's 2007 ruling in Murphy v. Kenneth Cole Productions Inc., 40 Cal.4th 1094,... (Law.com)
Berlusconi escapes trial Jul 23, 2008
Under the new law, any statute of limitations applying to a case would be suspended until the defendant left office. But the immunity could not apply in the case of a politician moving from one of the four posts to another. (iAfrica.com)
NY Priest Pleads Guilty To Raping 3 Teenage Boys Jul 23, 2008
Prosecutors said that because Genevieve returned to New York after each visit to Boston, the Massachusetts statute of limitations did not expire. The Franciscan Province of the Immaculate Conception, which oversees Franciscans, said previously that Genevieve was removed from active ministry in June 2002. (CBS News -- US)
Commentary -- Five years, five ways to improve Jul 23, 2008
The adage time heals all wounds may be true, but my family has found that there is no statute of limitations in the healing process when you lose a child to such a senseless tragedy. Our hope is that we can continue to keep the focus on doing whatever is necessary to save more lives and spare other families the heartbreak we have endured. (Marshfield Mariner, MA)
Bishop continues fight for life Jul 22, 2008
U.S. District Judge W. Allen Pepper dismissed the inmates' lawsuit last week saying the statute of limitations had expired. In the 5th Circuit decision, Judges Edith Clement and Emilio Garza ruled Bishop had not demonstrated irreparable harm through the mere possibility that some unforeseen complication would result in lingering death causing him to suffer unnecessary pain. (The Clarion-Ledger)
Suit on light and low-tar cigarettes heads to SJC Jul 22, 2008
A Suffolk Superior Court judge certified the class-action suit but limited it to people who bought Marlboro Lights from 1994 on, citing a statute of limitations. But Philip Morris appealed the ruling to a justice of the Appeals Court, Janis M. Berry, who decertified the class. (Yahoo News -- Tobacco Lawsuits)
Perata donor's pet road at center of probe Jul 22, 2008
The statute of limitations in the Perata investigation is expected to expire later this year, and sources familiar with the probe said prosecutors are close to deciding whether to ask the grand jury to issue indictments. The sources declined to be quoted by name, saying investigators don't want probe details discussed. (San Francisco Chronicle)
Weinberger's: Family legacy Jul 21, 2008
"I told him (Mark) not too long ago that I was going to sue him now that he had accumulated net worth, but the statute of limitations had run out on that," Mr. Foreman said jokingly. He describes Mark as "no nonsense and direct, with a hint of compassion.". (The Augusta Chronicle)
Man now faces second-degree murder for mom's fall Jul 20, 2008
Douglas County prosecutors upgraded the charge from manslaughter because the statute of limitations for manslaughter has expired. Forty-seven-year-old Stephen Pullens was arrested earlier this year in California and brought back to Omaha for trial. (Sioux City Journal, IO)
Waivers Limiting Workers' Time to Sue Draws Fire Jul 19, 2008
That waives their rights to any contrary statute of limitations provided under state and federal laws, a tactic that is stirring yet more workplace controversy and litigation ... He said employers are already bombarded with lawsuits, and burdened by statute of limitations as high as five years. (Law.com)
Turnkey hearing continued Jul 19, 2008
Some of the charges may have been beyond their statute of limitations, and the matter must be cleared up before the case can continue, said Ilan Funke-Bilu, attorney for Cynthia Clark. From 2000 to 2005, Turnkey managed multiple construction projects for Santa Maria-Bonita. (Santa Maria Times)
Charges Changed In Balcony Death Case Jul 19, 2008
Prosecutors initially charged Pullens with manslaughter, but now said the statute of limitations for that crime has expired. The County Attorney filed a second degree murder charge against Pullens instead. (7 KETV Omaha)
Parents sue Sen. Regola over their son's death Jul 19, 2008
Robert Regola III, filed the lawsuit yesterday, four days before the statute of limitations expired. Mr. Farrell's son, Louis, shot himself on July 22, 2006, with Mr. Regola's 9 mm handgun, the Westmoreland County coroner ruled after an investigation covering eight months. (Pittsburgh Post-Gazette, PA)
Building future friendship without past violence Jul 19, 2008
Crimes against humanity are not subject to amnesty or a statute of limitations, and are retroactive. Therefore, the CTF's report can be used for the future prosecution of those found most responsible. (Jakarta Post, Indonesia -- Editorial)
DNA links defendant to two rapes, DA says Jul 18, 2008
"It was a strategic move because the statute of limitations was nearing its end," Jake Wark, a spokesman for the district attorney, said about the three indictments. The fourth case, which occurred in February 1999, is well within the 15-year limitation period and remains under investigation, Wark said. (Boston Globe)
N.J. Bar Says CLE Provider Should Shoulder Interest Owed on Customer Back Taxes Jul 18, 2008
By the agreement, the state waives penalties that could have been imposed and sets a five-year limit on the collection of taxes, to which no statute of limitations applied. As for the use tax itself, it is no more than they were legally required to pay as sales tax. (Law.com)
Bishop appeals to two courts to stop execution Jul 18, 2008
Tuesday, Pepper dismissed the lawsuit in a 15-page ruling, saying it was barred by a statute of limitations. Bishop's latest appeal to Pepper details his flawed representation during his initial appeal, especially suppressed or incomplete information that might have improved Bishop's chances, especially the strong possibility of mental illness. (Northeast Mississippi Daily Journal)
Odor shuts Lackawanna County's Office of Judicial Records Jul 17, 2008
People who had to file paperwork by a court-ordered statute of limitations deadline could visit the second floor of the Brooks Building, but no announcement was posted on the first-floor door. Mr. Parry said judicial records officials will work with anyone who missed a deadline because of the closure. (Scranton Times, PA)
German probes overlooked Nazi massacre Jul 17, 2008
Any suspects in the Maille case could be charged with murder -- the only World War II-era crime on which the statute of limitations has not elapsed in Germany. Townspeople have long said retaliation was the motive for the attack, and Maass said that was his main hypothesis. (Pocatello Idaho State Journal, ID)
BRET'S DEBTS Jul 16, 2008
Lynn Schundler argued the campaign fund should be closed because there is a six-year statute of limitations on the collection of debts. She said neither company has gone to court seeking to have the debt repaid. (NJ.com)
