abcconstruction60
New member
What is the name of your state? What is the name of your state? Arkansas
I have a breach of contract (construction contract) case in the federal district court in Arkansas, which falls under the 8th circuit.
I filed my complaint on the fifth year of the statute of limitations for breach of contract pursuant to the Arkansas Code Annotated. Nevertheless, I filed other claims that are very substantially related to a breach of contract claim, such as Tort of Outrage (which has a limitation period of 3 years if filed alone), Fraud (which has 3 year limitations if filed alone), Detrimental Reliance, Breach of Promise and Promissory Estoppel also have 3 year statute of limitations.
My question is, "eing that these claims are substantially related to the claim of breach of contract, which have a 5 year statute of limitations, can I still claim, despite their 3 year statute of limitations, the other claims?
My thought on this is yes, I am still allowed to bring the 3 year statute of limitations claims because they are substantially related to the 5 year statute of limitation claim of breach of contract.
It is also my thought that if I had to bring those claims within 3 years, that would mean that my 5 year statute of limitations claim would be drastically reduced to 3 years also.
If I timely filed my 3 year statute of limitations claims, which reasonably relates to my 5 year statute of limitations claim then I would have 2 additional years to file my 5 year statute of limitation claim, which will be sort of like piecemealing my claims, which the court disfavors.
Please give me some input as I have until the 8th of January 2021 to respond to the Defendants' motion to dismiss based on statute of limitations.
Thank you
I have a breach of contract (construction contract) case in the federal district court in Arkansas, which falls under the 8th circuit.
I filed my complaint on the fifth year of the statute of limitations for breach of contract pursuant to the Arkansas Code Annotated. Nevertheless, I filed other claims that are very substantially related to a breach of contract claim, such as Tort of Outrage (which has a limitation period of 3 years if filed alone), Fraud (which has 3 year limitations if filed alone), Detrimental Reliance, Breach of Promise and Promissory Estoppel also have 3 year statute of limitations.
My question is, "eing that these claims are substantially related to the claim of breach of contract, which have a 5 year statute of limitations, can I still claim, despite their 3 year statute of limitations, the other claims?
My thought on this is yes, I am still allowed to bring the 3 year statute of limitations claims because they are substantially related to the 5 year statute of limitation claim of breach of contract.
It is also my thought that if I had to bring those claims within 3 years, that would mean that my 5 year statute of limitations claim would be drastically reduced to 3 years also.
If I timely filed my 3 year statute of limitations claims, which reasonably relates to my 5 year statute of limitations claim then I would have 2 additional years to file my 5 year statute of limitation claim, which will be sort of like piecemealing my claims, which the court disfavors.
Please give me some input as I have until the 8th of January 2021 to respond to the Defendants' motion to dismiss based on statute of limitations.
Thank you