Source
r/Lawyertalk•
kawklee

Defense Counsel HATES him! Local Lawyer discovers one WEIRD trick to avoid 5-year statute of limitations. Plead your damages as "Injunctive Relief"!!

No details due to pendancy of litigation but ...

Got a case where Plaintiffs' counsel is trying to sidestep the 5 year statute of limitations for breach of contract damages in the most "brilliant" way. Theyre demanding over 30 years of back-damages as being "injunctive relief"

I love how this lawyer thinks he's solved a problem no one else could figure out. No statute of limitations can hold this guy back.

So why bother codifying a statute of limitations? Why bother even having laws, or contracts? Just ask for everything as equitable injunctive relief. 300 iq.

And imagine the amazing opportunities if this was expanded to criminal procedure. "Your honor, although this case occurred 60 years ago, we aren't seeking punitive relief from the Court in sending the Defendant to jail, we are simply requesting this Court invoke injunctive relief and tell him he cant leave his cell for the next 5-8 years."

Posted Nov 4, 2022, 10:12 PM UTC

4819
--RandomInternetGuy•

Funny you should mention criminal law. The Ohio Supreme Court ruled on a case this week:

Early 90s a girl is kidnapped, rape, and had throat slit; she lived. SoL is 6 years for most felonies, except agg murder has none. Around 2014 DNA gets the perp.

States charges only attempt agg murder, due to SoL running on all other charges. Defense says, no 6 years applies. States says, no, he is charged with agg murder, the attempt part doesn't mean anything. State argues he is charged with agg murder.

Trial and appellate court buy states argument. Supreme Court actually reads the statute and says "lol, no, 6 years applies. He isn't charged with agg murder as the victim didn't die."

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rinky79•

What a heartwarming story. I'm sure the victim and her family appreciate the hilarity.

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kawkleeOP•

Black humor in terrible circumstances is our calling. That's what takes palgsraf from being a sad tale of crippling injury into becoming an unforgettable zany story of a banana peel, fireworks, and the real life version of a cartoon anvil falling on someone's head

27
shermanstorch•

I swear we read a case where a literal piano fell out of a window and landed on someone walking by in torts but I can't remember the name.

3
Nobodyville•

I can't remember the name but you 100% did read that case. I remember it...I think it was the case for Res Ipsa

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Stal77•

How goofy. In my Jx, attempt is a straightforward knockdown of one level of classification. It’s Day 1 crim work. I’m surprised that OH is that confusing with its definitions.

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--RandomInternetGuy•

It's not confusing at all. Like yours, attempts knocks it down one level. Agg murder is considered an unclassified felony, while attempt agg murder is a felony 1. The State just made a ridiculous argument.

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Stal77•

It's bananas that both the appellate and trial courts bought that argument, then!

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[deleted]•

Judicial preview or such, I think anyway

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cyclist1980•

Not sure that this would work. In my jurisdiction, the court has to look at the “substance” of the claim not merely how its labeled. There is a lot of case law that says you can’t avoid the SOL by labeling something as something its not.

For example, Plaintiffs’ lawyers have tried to allege tort claims as breach of contract by labeling it as breach of contract, when its really a tort claim, in order to try to get around the SOL. There is case law where courts have refused to accept the breach of contract label when Plaintiffs’ lawyers try to do that.

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kawkleeOP•

Absolutely man. It's the basis of fact pleading as opposed to notice pleading.

I can't believe how absurd the "injunctive relief" claim is.

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big_sugi•

It won’t work, for a bunch of reasons.

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PosterMcPoster•

Is there no other remedy and irreparable harm pending if it isn't accepted?

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kawkleeOP•

Not even allegations thereof within the complaint lol

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PosterMcPoster•

Bizaar

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Stal77•

The problem is that there js a non-zero chance that a judge will buy it and that appeal will not be financially viable. If there is one thing most associate judges don’t understand, it’s injunctive relief.

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Nobodyville•

Call their bluff and argue laches (in addition to contract SOL). One ridiculous equity argument deserves another.

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kawkleeOP•

I could kiss you on the mouth. Brilliant.

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TypeSpiritual9229•

I genuinely lol'd at this title

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