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  1. #1
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    Nov 2011
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    Default Civil Case Statute of Limitations in Federal Court

    My question involves injury or loss that occurred in the state of: Massachusetts and Tennessee

    As a child (many years ago) I was stranger raped. The rape took place on company property in MA, but the company is headquartered in TN. The rapist was an employee of that company and was at work at the time.

    The rapist was charged, convicted and sentenced to prison.

    Can I now file a civil lawsuit in federal court against the company? What is the statute of limitations that would apply.

    I have read that the purpose of the s.o.l. is to protect a citizen's right to a fair trial which could be affected by memories from long ago, however, in this case, there is no question the rape happened, would that affect the applicability of the s.o.l. ?

  2. #2
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    Default Re: Civil Case Statute of Limitations in Federal Court

    Why would you think the company has any liability in this?

  3. #3
    Join Date
    Sep 2005
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    Default Re: Civil Case Statute of Limitations in Federal Court

    Assuming you were to bring a case, from what you have told us so far it would be a state court case to be filed in Massachusetts under Massachusetts law. Why do you believe it would be appropriate to file in federal court? Are there additional facts, relevant to that issue, that you have not shared?

    The statute of limitations varies depending on the cause of action you articulate. I expect that the statutes of limitation on causes of action you might be able to articulate (e.g., negligent hiring, negligent retention, negligent supervision) have run, but you should have your case reviewed by a lawyer to see if there is a cause of action that remains potentially viable or if there is a way to argue that the statute of limitations was tolled (extended).

    The statute of limitations, in part, helps prevent trials where the evidence is stale and memories have faded - but they're also about judicial economy and, in some cases, effective lobbying by industry groups that simply want to be able to close the books on certain past liability.

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