Don’t Sleep On It: Taking Advantage Of Statutes Of Repose

Law360, New York (October 6, 2016, 3:16 PM EDT) -- One of the first things any good defense lawyer will evaluate when a case comes in is the applicable statute of limitations, because it provides defendants with a quick and cost-effective way to dispose of the case. However, lawyers might overlook or may be unaware of statutes of repose, which is a mistake. A statute of repose is a powerful affirmative defense that, if applicable, can swiftly end a case before it even begins.

A statute of repose is similar to a statute of limitations because they are both affirmative defenses that bar claims after a certain length of time has...

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