Connecticut Statute of Limitations Checklist

Transcription

1 James E. Nealon and Elizabeth W. Swedock, Kelley Drye & Warren LLP A Checklist of the statutes of limitations in Connecticut for several commercial claims. This is just one example of the many online resources Practical Law Company offers. To access this resource and others, visit practicallaw.com. ACCOUNT STATED Limitations period. The statute of limitations is six years (Conn. Gen. Stat (2012)). Accrual date. The statute of limitations accrues on the date of the last transaction (Fairfield Plumbing & Heating Supply Corp. v. Arch Fracker Plumbing & Heating Contractor, Inc., No. CV S, 1993 WL , at *1 (Conn. Super. Ct. June 16, 1993)). ANTITRUST Limitations period. The statute of limitations is four years (Conn. Gen. Stat (2012)). Accrual date. The statute of limitations accrues at the time of the violation. In the case of a continuing violation, the statute of limitations accrues at any time during the period of the violation. (Conn. Gen. Stat (2012).) BREACH OF CONTRACT three years for oral contracts, if still executory (Conn. Gen. Stat (2012); Bagoly v. Riccio, 927 A.2d 950, (Conn. 2007)); six years for written contracts and executed oral contracts (Conn. Gen. Stat (2012); John H. Kolb & Sons, Inc. v. G & L Excavating, Inc., 821 A.2d 774, 780 (Conn. App. Ct. 2003)); and four years for contracts for sale (Conn. Gen. Stat. 42a (2012)). Accrual date. The statue of limitations accrues when the breach occurs or when injury is inflicted (Beckenstein v. Potter & Carrier, Inc., 464 A.2d 18, 22 (Conn. 1983)). The statute of limitations will still accrue even if the injured party is ignorant of the fact that he has been damaged (Amoco Oil Co. v. Liberty Auto and Elec. Co., 810 A.2d 259, 266 (Conn. 2002)). BREACH OF FIDUCIARY DUTY (Conn. Gen. Stat (2012); see Flannery v. Singer Asset Fin. Co., LLC, 17 A.3d 509, 513 (Conn. App. Ct. 2011)). wrongful act occurs (Conn. Gen. Stat (2012)). BREACH OF WARRANTY Limitations period. The statute of limitations is four years for breach of warranty in connection with a contract for the sale of goods, unless a shorter period is specified by the parties to the contract. The period specified may not be less than one year. (Conn. Gen. Stat. 42a (2012).) Accrual date. The statute of limitations accrues when tender of delivery is made (Conn. Gen. Stat. 42a (2012)). For more information on breach of warranty, see Box, Warranty. CONSUMER PROTECTION STATUTES (Conn. Gen. Stat g(f)). Accrual date. The statute of limitations period accrues when the unfair or deceptive act forming the basis of the claim occurs (Willow Springs Condo. Ass n, Inc. v. Seventh BRT Dev. Corp., 717 A.2d 77, (Conn. 1998)). CONVERSION (Conn. Gen. Stat ). wrongful act occurs (Certain Underwriters at Lloyd s, London v. Cooperman, 957 A.2d 836, 850 (Conn. 2008)). EMPLOYMENT MATTERS two years for claims regarding the payment of wages (Conn. Gen. Stat (2012)); one year from the date of the accident or three years from the first manifestation of a symptom of the occupational disease for a worker s compensation claim (Conn. Gen. Stat c (2012)). If death results within two years from the date of the accident or first manifestation of a symptom of the occupational disease, a dependent or the legal representative of the deceased employee may make a claim for compensation within the two-year period or within Learn more about Practical Law Company practicallaw.com

2 one year from the date of the employee s death, whichever is later (Chambers v. Elec. Boat Corp., 930 A.2d 653, 658 (Conn. 2007)); and 180 days for filing a discrimination claim under the Connecticut Fair Employment Practices Act with the Connecticut Commission on Human Rights and Opportunities (CHRO) (Conn. Gen. Stat. 46a-82 (2012)). However, a plaintiff must file a claim for discrimination related to past convictions within 30 days (Conn. Gen. Stat. 46a-80 (2012)). A plaintiff must also file a complaint with the CHRO before bringing suit in court (Conn. Gen Stat. 46a-82 (2012); Dembinski v. Pfizer, Inc., 628 F. Supp. 2d 267, 271 (D. Conn. 2009)). Accrual date. The statute of limitations accrues for: wage claims when an employer refuses to compensate employee according to terms of an express or implied employment contract (Warzecha v. Nutmeg Companies, Inc., 48 F. Supp. 2d 151, 158 (D. Conn. 1999)). However, the accrual of the statute of limitations may be tolled if the employee files a claim with the Labor Commissioner (Conn. Gen. Stat (2012)); workers compensation claims on the date of the accident or first manifestation of a symptom of the occupational disease (Conn. Gen. Stat c (2012)); and a discrimination claim on the date of the alleged discrimination, not the date when the employee begins to suspect that the employer acted on the basis of bias (Kahn v. Fairfield Univ., 357 F. Supp. 2d 496, 503 (D. Conn. 2005)). If the discriminatory act is termination of employment, the accrual date is the date of cessation of employment, not the date of notice of termination (Vollemans v. Town of Wallingford, 928 A.2d 586, 605 (Conn. 2007), aff d, 956 A.2d 579 (Conn. 2008)). ENFORCEMENT OF JUDGMENTS 20 years for an execution to enforce a judgment for money damages and 25 years for an action based on thejudgment (Conn. Gen. Stat (a) (2012)). However, there is no statute of limitations for an action to enforce a judgment based on a personal injury caused by sexual assault where the party legally at fault for the injury was convicted of a violation of Section 53a-70 or 53a-70a of the Connecticut General Statutes (Conn. Gen. Stat (a) (2012)); and ten years for execution to enforce a judgment for money damages rendered in a small claims session and 15 years for an action based on the judgment (Conn. Gen. Stat (b) (2012)). Accrual date. The statute of limitations accrues on the day that the judgment is entered (Inv. Assoc. v. Lancia, No. CV S, 2008 WL , at *2 (Conn. Super. Ct. May 5, 2008)). FRAUD Limitations period. The limitations period is three years (Conn. Gen. Stat (2012)). wrong occurs. The limitations period will be tolled if the fraud is ongoing based on the continuing course of conduct doctrine (Giulietti v. Giulietti, 784 A.2d 905, (Conn. App. Ct. 2001)). For more information regarding the continuing course of conduct doctrine, see Box, Continuous Course of Conduct. FRAUDULENT CONCEALMENT (Conn. Gen. Stat (2012); Woods v. Suffield Acad., Inc., CV S, 2001 WL , at *2 (Conn. Super. Ct. July 6, 2001)). wrongful conduct occurs (Conn. Gen. Stat (2012)). INSURANCE BAD FAITH for claims based on the implied duty of good faith and fair dealing and the Connecticut Unfair Trade Practices Act (CUTPA) (Conn. Gen. Stat (2012); City of W. Haven v. Commercial Union Ins. Co., 894 F.2d 540, 546 (2d Cir. 1990)). wrongful conduct occurs (Conn. Gen. Stat (2012); Conn. Gen. Stat g(f) (2012); Guillory v. Allstate Ins. Co., 476 F. Supp. 2d 171, 176 (D. Conn. 2007)). For more information on insurance bad faith claims, see Practice Note, Insurance Bad Faith Law ( 9149). For additional information regarding the accrual of claims when there is continuing wrongful conduct, see Box, Continuous Course of Conduct. NEGLIGENCE Limitations period. The statute of limitations is two years from the date the injury is sustained or discovered, or when it should be discovered with reasonable care. However, a plaintiff may not bring suit longer than three years after the date the wrong occurred (Conn. Gen. Stat (2012)). re is actionable harm. Actionable harm occurs when the plaintiff discovers or should discover, with reasonable care, the essential elements of a cause of action (Barrett v. Montesano, 849 A.2d 839, (Conn. 2004)). 2

3 PRODUCTS LIABILITY for injury, death or property damage (Conn. Gen. Stat a (2012)). injury is first sustained or discovered, or should be discovered, in the exercise of reasonable care (Conn. Gen. Stat a(a) (2012); Gnazzo v. G.D. Searle & Co., 973 F.2d 136, 138 (2d Cir. 1992)). For more information on the limitations periods for products liability claims, see Box, Products Liability Statute of Repose. SHAREHOLDER DERIVATIVES SUITS Limitations period. The statute of limitations for a shareholder derivative suit is dependent on the cause of action asserted. For example, a shareholder derivative suit based on a breach of fiduciary duty is governed by the statute of limitations for tort actions (Miller v. Allaire, X05CV S, 2006 WL , at *1-2 (Conn. Super. Ct. May 24, 2006); Levine v. Levine, CV S, 1998 WL , at *1-2 (Conn. Super. Ct. May 11, 1998)). Accrual date. The accrual date is also dependent on the cause of action asserted (Miller, at *3; Levine, at *2). THIRD-PARTY CONTRIBUTION Limitations period. The statute of limitations is one year (Conn. Gen. Stat o (2012)). Accrual date. The statute of limitations accrues at the time of judgment, if there is a judgment. If there is no judgment, the statute of limitations accrues: at the time of payment when one party discharges the common liability by payment within the relevant period of the statute of limitations; or at the time of the agreement if one party agrees while an action is pending to discharge the common liability and pays the liability within one year after the agreement. (Conn. Gen. Stat o (2012).) Therefore, the statute of limitations generally accrues when, between multiple parties jointly bound to pay a sum of money, one party is compelled to pay the entire sum (Crotta v. Home Depot, Inc., 732 A.2d 767, 771 (Conn. 1999)). TORTIOUS INTERFERENCE WITH CONTRACT RIGHTS (Conn. Gen. Stat (2012)). wrongful act occurs (Conn. Gen. Stat (2012)). TRADE SECRET MISAPPROPRIATION (Conn. Gen. Stat (2012)). misappropriation is discovered or, by the exercise of reasonable diligence, should be discovered (Evans v. Gen. Motors Corp., No. X06-CV S, 2000 WL , at *3 (Conn. Super. Ct. 2000)). TRADEMARK INFRINGEMENT Limitations period. The statute of limitations for a trademark infringement action brought under the Connecticut Unfair Trade Practices Act is three years (Conn. Gen. Stat g(f) (2012)). wrongful act occurs (Argus Research Grp., Inc. v. Argus Media, Inc., 562 F. Supp. 2d 260, (D. Conn. 2008)). UNFAIR COMPETITION (Conn. Gen. Stat g(f) (2012)). wrongful conduct occurs (Conn. Gen. Stat g(f) (2012)). UNJUST ENRICHMENT Limitations period. The statute of limitations is six years (Conn. Gen. Stat (2012); Generation Partners, LP v. Mandell, No. FST-CV S, 2011 WL , at *3 (Conn. Super. Ct. July 22, 2011) (unjust enrichment claims are most analogous to contract claims and are subject to the six-year statute of limitations)). plaintiff first could have successfully maintained an action, which is typically the date the injury occurred (Generation Partners, at *3). WRONGFUL DEATH AND SURVIVAL Limitations period. The statute of limitations is two years. However, a claim cannot be brought more than five years after the wrongful act occurs. (Conn. Gen. Stat (2012).) Accrual date. The statute of limitations accrues on the death of the decedent (Conn. Gen. Stat (2012)). See Box, Continuous Course of Conduct for information regarding tolling. 3

4 SPECIAL RULES AND EXCEPTIONS Connecticut has special rules and exceptions that may toll or otherwise affect any of the statutes of limitations described above. Depending on the cause of action and facts of the case, one or more of the following rules may affect the running of the statute of limitations. Discovery Rule In Connecticut, a cause of action often accrues at the time that a wrongful act occurs (see, for example, Conn. Gen. Stat (2012)). However, certain limitations periods may be extended by a common law or statutory discovery rule, under which a plaintiff s cause of action does not accrue until she knows, or through reasonable diligence should know, of her injury and that the injury was wrongfully caused (see, for example, Slekis v. Nat l R.R. Passenger Corp., 56 F. Supp. 2d 202, 206 (D. Conn. 1999)). Fraudulent Concealment Rule If a defendant fraudulently conceals a cause of action from the plaintiff, the cause of action will not accrue until the plaintiff discovers the existence of the cause of action (Conn. Gen. Stat (2012)). To prove fraudulent concealment, a plaintiff must demonstrate that: The defendant had actual awareness, rather than imputed knowledge, of the facts necessary to establish the cause of action. The defendant intentionally concealed those facts from the plaintiff. The defendant concealed those facts for the purpose of obtaining delay on the part of the plaintiff in filing a cause of action against the defendant. (Falls Church Grp., Ltd. v. Tyler, Cooper & Alcorn, LLP, 912 A.2d 1019, (Conn. 2007)). Equitable Tolling The statute of limitations will not bar a claim if the plaintiff, despite diligent efforts, does not discover the injury until after the limitations period has expired (Wiele v. Bd. of Assessment Appeals, 988 A.2d 889, 896 (Conn. App. Ct. 2010)). Continuous Course of Conduct In an ongoing relationship, lawsuits may be premature because individual tortious acts or omissions can be difficult to identify and can still be remedied (Watts v. Chittenden, 22 A.3d 1214, 1220 (Conn. 2011)). Therefore, a statute of limitations may be tolled under the continuous course of conduct doctrine. To support a finding of a continuous course of conduct: The defendant must commit an initial wrong on the plaintiff. There must be evidence of that the defendant breached a duty that remained in existence after commission of the original wrong. (Watts, at 1220.) However, the continuous course of conduct doctrine may be applied in intentional infliction of emotional distress absent a showing that the defendant owed the plaintiff a duty (Watts, at 1226). Class Action Tolling The commencement of a class action suspends the applicable statute of limitations for all asserted members of the class who would have been parties had the suit been permitted to continue as a class action (Grimes v. Housing Auth. of New Haven, 698 A.2d 302, 306 (Conn. 1997)). For tolling to apply, the class action must provide the defendant with notice of the plaintiffs substantive claims and the number and generic identities of the potential plaintiffs who might participate in the judgment (Grimes, at 307). Warranty If a warranty explicitly extends to future performance of the goods and discovery of the breach is not possible until the future performance occurs, the cause of action accrues when the breach is or should be discovered (Conn. Gen. Stat. 42a (2012)). Defendant outside the Jurisiction If a defendant is absent from the state and is therefore not subject to the personal jurisdiction in the state, the length of the absence is excluded from the calculation of the statute of limitations period (Venables v. Bell, 941 F. Supp. 26, 27 (D. Conn. 1996)). The period excluded cannot exceed seven years (Conn. Gen. Stat (2012)). Accidental Failure of Suit Suits that would otherwise be barred by the relevant statute of limitations are allowed to proceed if the plaintiff had previously filed a timely action but was procedurally barred from receiving resolution on the merits (Conn. Gen. Stat (2012)). The statute allows for a new action to be commenced within one year after the abatement or other determination of the original action (Conn. Gen. Stat (2012)). If the defendant is deceased and the suit is brought or continued against his executor or administrator, a new action may be commenced within six months after the abatement or other determination of the original action (Conn. Gen. Stat (b) (2012)). Voluntary withdrawal of an action by a plaintiff, however, does not qualify for treatment under the accidental failure of suit statute (LaCroix v. Bd. of Educ., 844 F.2d 88, 90 (2d Cir. 1988)). 4

5 SPECIAL RULES AND EXCEPTIONS (CONT.) Action Against Wrong Defendant If an action that was timely commenced is dismissed for failure to name the correct person as the defendant, the plaintiff may bring a new suit against the correct defendants within one year after the termination of the action (Conn. Gen. Stat (2012)). Products Liability Statute of Repose An action may not be commenced against a party more ten years after the date that the party last had possession or control of the product (Conn. Gen. Stat a (2012)). However, this period can be extended if there is an express written warranty stating that the product may be used for a period longer than ten years (Conn. Gen. Stat a (2012)). The statute of repose does not preclude any action against a product seller who intentionally misrepresents a product or fraudulently conceals information about it if the misrepresentation or fraudulent concealment is the proximate cause of the plaintiff s harm (Conn. Gen. Stat a (2012)). Practical Law Company provides practical legal know-how for law firms, law departments and law schools. Our online resources help lawyers practice efficiently, get up to speed quickly and spend more time on the work that matters most. This resource is just one example of the many resources Practical Law Company offers. Discover for yourself what the world s leading law firms and law departments use to enhance their practices. To request a complimentary trial of Practical Law Company s online services, visit practicallaw.com or call Use of PLC websites and services is subject to the Terms of Use ( and Privacy Policy (