Does the statute of limitations apply to a lawsuit filed beyond the applicable state limitations period?

MultiRegion, United States of America

The following excerpt is from Huseman v. Icicle Seafoods, Inc., 471 F.3d 1116 (9th Cir. 2006):

Although courts often have presumed that laches is applicable in a suit filed beyond the analogous state limitations period, the presumption is weak. In the laches analysis, the statute of limitations is not given decisive weight. Espino v. Ocean Cargo Line, Ltd., 382 F.2d 67, 68 (9th Cir.1967). "[N]o arbitrary or fixed period of time has been, or will be, established as an inflexible rule...." In re Beaty, 306 F.3d at 927 (citation omitted). There must be "particularized evidence to support [the] assertion that the time lag between knowledge of the potential action and the filing of the action was unreasonable in length. Mere delay alone will not establish laches...." See id.

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