USA Law and Practice Contributed by: Courtney Scobie, Jack Edwards and Andrea Whitley, Ajamie LLP
3. Initiating a Lawsuit 3.1 Rules on Pre-action Conduct
terms of the contract. The statute is typically triggered on the date of the breach. Property Damage Claims Property damage claims, such as those related to damage to real property, generally have a statute of limitations that ranges from one to six years. The statute is typically triggered on the date when the damage occurred. Fraud Claims Fraud claims generally have a statute of limita- tions that ranges from one to six years. The stat- ute is typically triggered on the date of the fraud. Torts Claims for various torts have distinct statute of limitations, which typically range from one to three years. The statute is typically triggered on the date of the tort. 3.3 Jurisdictional Requirements for a Defendant Personal jurisdiction is the authority of a court to exercise legal power over an individual or entity. In the USA, personal jurisdiction is governed by constitutional principles of due process, as well as various federal and state statutes that incorporate these principles. There are two main types of personal jurisdiction, as follows. Specific Personal Jurisdiction Specific personal jurisdiction allows a court to hear a claim against a defendant when the defendant’s contacts with the forum state are directly related to the specific claims at issue in the lawsuit. To establish specific personal juris- diction, the following requirements must be met. • Minimum contacts – the defendant must have sufficient minimum contacts with the forum state. These contacts may include conduct-
Before filing a lawsuit, it is often prudent to engage in good faith negotiations and commu- nication to try to resolve the dispute. This may involve sending a demand letter to the potential defendant explaining the dispute and suggest- ing a specific resolution. Some areas of law or contracts may require specific actions ‒ such as exhausting administrative remedies, sending a demand letter, or mediating a dispute – before filing suit. However, unless required by statute, rule or contract, parties are generally not obligat- ed to negotiate or mediate before filing a lawsuit. 3.2 Statutes of Limitations Statutes of limitations are time limits that deter - mine the deadline by which a plaintiff (the par- ty bringing the claim) must file a civil lawsuit. These time limits can vary based on the type of claim, the discovery of certain information, and the applicable jurisdiction. The trigger for the statute of limitations can vary based on the specific claim and specific facts of the case. In some instances, the clock starts ticking when the plaintiff discovers or should have discovered the harm (the “discovery rule”). Personal Injury Claims Personal injury claims, such as those resulting from accidents, generally have a statute of limi- tations that ranges from one to three years. The statute is typically triggered on the date of the injury or the date when the injury should have been discovered (ie, the aforementioned discov- ery rule). Contract Claims Breach of contract claims generally have a stat- ute of limitations that ranges from three to ten years, depending on the jurisdiction and the
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