16 May 2012

third circuit grants plaintiff's attorney a do over in alexandria hotel damages claim

whether this opinion which was released moments ago by the third circuit is a good one or not probably depends on if you're suing or being sued.

this petition was originally filed on 23 june 2008 and one aspect of the case that the third circuit should have addressed but didnt is that attorney's prior to filing suit should do a better job in their due diligence.

on the other hand, this opinion should help business owners to understand that no matter how you structure or appear to structure the ownership of your properties, that when the plaintiff's attorney finally figures out who the responsible party to sue is, that you're likely not going to be able to argue that their time to file suit ran out (prescription).

lawyers money shot:

the jurisprudence is consistent that prescriptive statutes are to be strictly construed in favor of maintaining rather than barring actions. ~ .pdf page seven

click here to download seven page .pdf [127 kb]