Does a statute of limitations need to be extended to compensate for a disability that does not exist?
MultiRegion, United States of America
The following excerpt is from Day v. Moscow, 955 F.2d 807 (2nd Cir. 1992):
A statute of limitations is a statute of repose, "considered indispensable to any scheme of justice." Felder v. Casey, 487 U.S. at 140, 108 S.Ct. at 2308. The purpose of a tolling provision is to assure that the claimant has the full period of time provided by a statute of limitations in which to bring his suit. In the present case, no valid purpose would be served by enlarging the prescribed period to "compensate" for a disability that did not exist.
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