When and where a lawsuit is filed can be as important as the merits of the suit itself. Indeed, untimely lawsuits are frequently dismissed on limitations grounds early in the life of a case. A factually strong case that is brought after the expiration of the governing limitations period is normally unsalvageable.
As a result, understanding the statute of limitations period applicable to a dispute is an essential component of early litigation assessment. Such an analysis is often more nuanced than it might appear at first blush. Indeed, pursuant to so-called “borrowing statutes,” courts, including those in New York, will sometimes apply limitations periods that are drastically different from the periods typically enforced in the court’s home jurisdiction. The effect of such rulings on the outcome of a case can be dramatic and may lead to outcomes that conflict mightily with parties’ expectations.
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