Credit: grublee/Shutterstock.com Weekends Don't Count: Judge Rejects Motion to Dismiss Legal Malpractice Suit as Untimely
"The parties appear to agree that the statute of limitations is two years and began to run on July 30, 2020. Therefore, ordinarily, the statute of limitations would expire on July 30, 2022," U.S. District Senior Judge David A. Faber wrote. "Defendant argues that the complaint needed to be filed on July 30, 2022, even though it was a Saturday. Plaintiff argues that he had until August 1, 2022. Plaintiff is correct."
October 04, 2023 at 02:06 PM
4 minute read
A federal judge in West Virginia rejected an attorney's motion to dismiss a legal malpractice suit filed against him as untimely, concluding that even though the statute of limitations technically expired on July 30, 2022, the plaintiff had an extra two days to file because the deadline fell on a weekend.
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