Is laches an equitable affirmative defense available for actions that do not have a specific applicable statute of limitations?
MultiRegion, United States of America
The following excerpt is from Excellence Charteres LLC v. Coleman Marine Diesel, Inc., Case No.: 3:16-cv-633-L-JMA (S.D. Cal. 2017):
"Laches is an equitable affirmative defense available for actions that do not have a specific applicable statute of limitations." Hauseman v. Icicle Seafoods, Inc., 471 F.3d 1116, 1125 (9th Cir. 2006). Both sides assume that laches applies to all claims asserted in this case. Defendant argues the action is barred because the analogous statutes of limitations expired before filing. "Although courts often have presumed that laches is
Page 8
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the applicable statute of limitations for an action brought by a defendant who conceals a cause of action? (MultiRegion, United States of America)
Does the contention in the second cause of action under the Statute of Limitations apply to a claim that a claim for money had and received and therefore comes within the statute of limitation? ("New York", United States of America)
How has the US Supreme Court treated the issue of affirmative action in cases involving affirmative action? (MultiRegion, United States of America)
What is the applicable limitation period for a claim for damages arising out of an action where the material facts underlying the cause of action became known? (Canada (Federal), Canada)
Is a statute of limitations an affirmative defense, not a pleading requirement? (MultiRegion, United States of America)
If an applicant succeeds in his res judicata application, does the application have grounds to stay the application? (Canada (Federal), Canada)
Can damages be sought under a statute with an explicit private right of action where the statute does not specify the remedies available? (MultiRegion, United States of America)
What are the limits on the amount of time that a court can extend an application to extend the application for an extension of the application? (Canada (Federal), Canada)
Does a plea of not guilty raise the affirmative statute of limitations defense? (MultiRegion, United States of America)
Does the statute of limitation for filing an application under section 2255(f) of the Criminal Code require a year to file the application? (MultiRegion, United States of America)
