First Circuit: Ayala v. Shinseki

No equitable tolling for Title VIII claims, as the alleged harms were discrete occurrences.

Ayala v. Shinseki 

Second Circuit: National Railroad Passenger Corporation v. McDonald

Amtrak Eminent Domain suit against New York barred by Statute of Limitations.

SOL ran from the date of condemnation by the state.

11th Amendment question waived by state when it asked court to rule on SOL.

National Railroad Passenger Corporation v. McDonald

Eighth Circuit -- United States v. John Perry

Crim  --

Sufficient evidence that the tax evasion happened within the statute of limitations period.

Interview during search of home did not elicit involuntary statements.

Franks challenge to warrant insufficiently detailed.

Sentencing challenge.

Decision on whether forfeiture should offset restitution to government is not ripe until forfeiture happens.

 United States  v.  John Perry

Fourth Circuit -- Oakley Baldwin v. City of Greensboro

A Federal statute that created a right of action was sufficiently distinct from its predecessor statute to qualify under the generic federal 4-year statute of limitations, and its successor statute's elimination of limitations isn't retroactive to claims arising under it.

Agency investigation did not toll the statute of limitations.

Oakley Baldwin v. City of Greensboro

Sixth Circuit -- Jeannette Martello v. Joshua Santana

Fee-splitting agreement between non-admitted JD/MD and law firm is void as against public policy.

Fraud claims time-barred, as the plaintiff should have been alerted by earlier shortfalls.

 Jeannette Martello v. Joshua Santana 

Second Circuit -- Cohen v. Cohen

To state a fraud-based RICO claim in a divorce action, the facts alleged must create a plausible inference of wrongdoing.

Fraud-based claims accrued at first suspicions of the ex-wife, but the investigation at the time was reasonable.

Event-based statute of limitations for unjust enrichment has run.

Cohen v. Cohen

Second Circuit -- United States v. Livecchi

Despite facial reading of statute to the contrary, government had both foreclosure rights and civil cause of action, as such a reading of the statute best effectuates the intent & purpose of the statute.

Claim accrued for statute of limitations purposes at the discovery fo the underlying crime, not the defaulted mortgage payments.

United States v. Livecchi

Seventh Circuit -- Harlis Woods v. Illinois Department of Childre

SOL for all S1983 cases in Illinois is 2 years -- individual category-specific statutes shouldn't govern.

Harlis Woods v.   Illinois Department of Children

Tenth Circuit -- Full Life Hospice v. Sebelius

Dismissal without leave to amend of administrative challenge upheld, as the statutory clock had run.

Full Life Hospice v. Sebelius

Seventh Circuit -- http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=12-1254_002.pdf

35B motion converted to Habeas sua sponte.

Not second/successive, as claim did not become ripe until gov't incorrectly made 35B motion.

BUT time-barred under one-year rule.

USA v. Khaled Obeid

Fifth Circuit -- John Priester, Jr., et al v. JP Morgan Chase Bank,

Statute of limitations applies to challenges to homestead liens under the Texas Constitution.

Claim accrues at legal injury, not discovery.

John Priester, Jr., et al v. JP Morgan Chase Bank,

DC Circuit -- Shekita Dyson v. DC

Agency investigation does not equitably toll the Title VII statute of limitations where plaintiff is inactive.

Shekita Dyson v. DC

DC Circuit -- A. Farouki v. Petra Intl Banking Corp.

Ongoing loan collection efforts do not toll the statute of limitations.

A. Farouki v. Petra Intl Banking Corp.

DC Circuit -- Vernon Earle v. DC

S1983 Vienna Convention consular notification claim accrues with arrest.  It is not ongoing, neither is it tolled on the basis of fraudulent concealment of the right.

Vernon Earle v. DC

Tenth Circuit -- The Estate of B.I.C. v. Gillen

Error for District Court to grant qualified immunity to social worker in death of abused child, as state-created danger exception applies.

Given preponderance of facts, social worker should have known that she was violating clearly established law.

No specific intent to interfere with familial relationships, so no claims under Due Process.

Claim accrues with the death, not with the conduct.

Concurrence: Right, but inaction can't be considered affirmative conduct.


The Estate of B.I.C. v. Gillen

Seventh Circuit -- Norman Bernstein v. Patricia Banker

Environmental statute (CERCLA) limits claimants to a contribution claim when both a contribution claim and a recovery claim are possible.

The claim accrues not on the execution of the settlement agreement, but upon the performance of the consideration required by the agreement.

No abuse of discretion in not striking argument in summary reply brief, as it had been raised earlier.

Where they contradict, SOL derives from the type of claim, not the provisions of the statute.

Given a series of cleanup orders, the claim accrues separately with each order.

Conditional cross-appeal will lie despite finding in the party's favor at trial, as the conditional cross-appeal sought dismissal with prejudice.

Despite overlapping facts, the issues are too different for issue & claim preclusion.

Norman Bernstein v. Patricia Banker

First Circuit -- Shay v. Walters

Tort claim time-barred, as SOL not tolled for alcoholism, and deft was on notice of the claim shortly after it accrued.

Element of defamation claim not met given fictional name in roman a clef.  Conduct not defamatory, either.

NIED claim derivative of the defamation claim.

Shay v. Walters

Seventh Circuit -- Bahri Begolli v. Home Depot, U.S.A.

 Judges's resolution of dispositive factual threshold question on Statute of Limitations should have gone to the jury instead.

Contrary Circuit precedent distinguished - judicial determination of administrative exhaustion is different from judicial determination of a disputed fact, as the former looks to whether or not the agency issued a decision.


Bahri Begolli v. Home Depot, U.S.A

Ninth Circuit -- MADERO POUNCIL V. JAMES TILTON

Petitioner claims that lack of conjugal visits violate RILUPA -- issue is timeliness of claim.  Claim is good, as the denial of application for the second wife isn't part of the same pattern/practice as the denial of the first wife, but rather a discrete act.

MADERO POUNCIL V. JAMES TILTON

Seventh Circuit -- USA v. William Hagler

State statute of limitations runs from the fist positive DNA identification, not the beginning of DNA analysis.

No constitutional harm in pretrial delay, as no prejudice to deft.

Sufficient evidence.

Later ambiguous DNA evidence in clothes inside getaway car not enough for new trial.


USA v. William Hagler