Can a plaintiff revive an expired cause of action under a continuing breach theory?

MultiRegion, United States of America

The following excerpt is from Albin v. Reynolds Financial Group, Inc., 127 F.3d 1104 (9th Cir. 1997):

The district court's interpretation of the facts and rejection of the continuous breach theory is also consistent with the statutory structure. The statutory three year limitation is a statute of limitations; the six year limitation is a statute of repose. "In contrast to statutes of limitation, statutes of repose serve primarily to relieve potential defendants from anxiety over liability for acts committed long ago." Goad v. Celotex Corp., 831 F.2d 508, 511 (4th Cir.1987). It would be antithetical to statute of repose theory to allow a plaintiff to revive an expired cause of action under a concept of continuing breach.

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