#statute expiration date

[gumy-shark]

there should be a statute of limitations on mental problems. like random events should stop affecting me emotionally after a certain amount of time

[feminismisstillahatemovement]

The following are all undeniable facts:

The judge donated money — a tiny amount, $35, but in plain violation of a rule prohibiting New York judges from making political donations of any kind — to a pro-Biden, anti-Trump political operation, including funds that the judge earmarked for “resisting the Republican Party and Donald Trump’s radical right-wing legacy.” Would folks have been just fine with the judge staying on the case if he had donated a couple bucks to “Re-elect Donald Trump, MAGA forever!”? Absolutely not.

District Attorney Alvin Bragg ran for office in an overwhelmingly Democratic county by touting his Trump-hunting prowess. He bizarrely (and falsely) boasted on the campaign trail, “It is a fact that I have sued Trump over 100 times.”

The charges against Trump are obscure, and nearly entirely unprecedented. In fact, no state prosecutor — in New York, or Wyoming, or anywhere — has ever charged federal election laws as a direct or predicate state crime, against anyone, for anything. None. Ever.

Standing alone, falsification charges would have been mere misdemeanors under New York law, which posed two problems for the DA. First, nobody cares about a misdemeanor, and it would be laughable to bring the first-ever charge against a former president for a trifling offense that falls within the same technical criminal classification as shoplifting a Snapple and a bag of Cheetos from a bodega. Second, the statute of limitations on a misdemeanor — two years — likely has long expired on Trump’s conduct, which dates to 2016 and 2017.

So, to inflate the charges up to the lowest-level felony (Class E, on a scale of Class A through E) — and to electroshock them back to life within the longer felony statute of limitations — the DA alleged that the falsification of business records was committed “with intent to commit another crime.” Here, according to prosecutors, the “another crime” is a New York State election-law violation, which in turn incorporates three separate “unlawful means”: federal campaign crimes, tax crimes, and falsification of still more documents. Inexcusably, the DA refused to specify what those unlawful means actually were — and the judge declined to force them to pony up — until right before closing arguments. So much for the constitutional obligation to provide notice to the defendant of the accusations against him in advance of trial. (This, folks, is what indictments are for.)

In these key respects, the charges against Trump aren’t just unusual. They’re bespoke, seemingly crafted individually for the former president and nobody else.

-----------

source

[mentalnote1]

I Don't Write Sweet Poems ~ Poetry

Chairs window pains and picture frames hold secrets

~~~

Misunderstood with tradition and verbs

~~~

Rifts creeks crevices and curves obey commands and surgically implant paranoia translated to bad words

~~~

I can see invisible people watching me hiding in the seams

~~~

While drums beat heavy from the rear of my twisted dreams

~~~

Naturally it’s the thing I wear

~~~

Everything is not always as beautiful as it may appear

~~~

I whisper truth to myself and pretend not to hear

~~~

Till poetry becomes aggressive and lines become smeared

~~~

Time has no expiration date and statute of limitations don’t exsist

~~~

Don’t ever get distracted it’s not always easy to resist

~~~

The thoughts

~~~

And I don’t write sweet poems

[parkerrogersgirl]

Birds of a Feather- Chapter 3

Pairing: Bradley "Rooster" Bradshaw x Reader

Summary: you're stationed at Top Gun with your brother's long time best friend/your forever crush, Bradley. When you finally realized that your feelings were unrequited, you settled for Adrian. But what happens when Rooster reveals the truth about the man you thought loved you endlessly?

A/N: HI GUYS! I'M BACK!! Again, if y'all didn't see my post earlier, I am very sorry for the long hiatus, I have had no motivation. But! This is one of 3 new chapters this week! Please enjoy, reblog, and give feedback! This is not beta read

Warnings: fluff, pining, cheating, language, angst

Word Count: 1,460

---------------------------

Reader’s POV

You wake up the next morning feeling more well-rested than you have in months. Leaving Adrian last night had given you such peace of mind that you were finally able to fall asleep without worrying about the man next to you. As you wake, you realize there’s an arm around your waist, but it feels different than it usually does. You feel safe. Warm. You slowly reach down and put a hand on top of the one across your belly. You hear a groan and feel stirring behind you.

“Morning, sweet girl,” he says against your hair before ruffling it, “how’d you sleep?”

You stretch for a moment and sit up, turning to look at him, “I slept wonderfully. I don’t remember the last time that happened. Thank you for everything you did for me last night.”

He puts a hand on your knee, “well, since Mav gave us yesterday off, we have to go in today. It’s pretty early, but if you want to take a shower, I’ll make us coffee and breakfast. Take your time.” He kisses your forehead and gets out of bed, leaving you to your thoughts as you bring yourself to take a shower. Once the water is a temperature akin to the surface of the sun, you step in and let the extremely hot water wash away all of the drama.

----------------------

Rooster’s POV

Once he’s changed into his flight suit, Bradley goes downstairs and starts on breakfast. As someone who can’t actually cook, he figures pancakes are the easiest option that he won’t mess up. As he assembles all of the ingredients, he lets his mind wander to last night. Now that Adrian was out of the picture, how long should he wait before he confessed his feelings? There’s probably not a statute of limitations on dating your best friend after a bad breakup, right? You had told him things had been “off” for a while. Were you giving permission? Or were you just venting? If he did tell you, would you be okay with it? Would you leave and go stay with someone else?

He hears you coming down the stairs as he finishes plating the pancakes, and resolves to tell you after work. Enough had happened yesterday that needed to be processed on its own, and you needed to be able to focus on work. He could wait.

“ROOSTER! You know you’re not allowed to cook!” You shout from the doorway to the kitchen, rushing over to see the damage. 

He rolls his eyes, “listen, smartass. Pancakes are easy. I only burnt the first two, and I tossed them so you didn’t have to eat them. Now sit down and eat your goddamn breakfast before I take it back and bring it into work. I’m sure the Daggers would love my cooking. They’ll eat anything.” He brings the plate to the island counter in the middle of the kitchen, and you sit down and take a bite, immediately recoiling.

“Roo, you’re my best friend, but I don’t even think Payback and Coyote would eat these. What did you do?” You grab a paper towel from the roll on the counter and spit out your bite.

“What are you talking about? They’re fine.” He grabs one off the plate and takes a bite, then gags. “Jesus CHRIST what happened to these?” He grabs the box of pancake mix and starts scanning it for clues. 

You grab it from him and look at the top flap, gasping, “BRADLEY THIS PANCAKE MIX EXPIRED A YEAR AGO!” 

He shrugs and grins sheepishly, “coffee? I’ll buy.”

You grab your work bag, badge, and phone, then toss him his keys, “damn right you will.”

-------------

In the car, Rooster isn’t sure what to talk about after your coffee stop. He can’t tell you how gorgeous you look in your uniform. Your long, blonde hair is pulled back in a tight bun, and your flight suit is perfectly smoothed over. It’s still early enough that the sun is still coming up, and the light on your face is hypnotizing. Of course, Rooster is having these thoughts at a red light, and doesn’t notice when it changes to green. Nor does he notice the car behind him honking at him.

“Hello? Rooster? Green light, dude.” You wave a hand in front of his face and he shakes himself back to reality.

“Sorry, I spaced out,” he says as he continues driving. “Do you know what we’re flying today?”

“No idea. I just hope Hangman takes it easy on me today. I hate it when his WSO is out. Flying with him sucks.” 

He shoots you a sympathetic look as he pulls in to the gate and shows the security officer both of your badges, then pulls through in the direction of the hangar. “Do you want me to talk to him for you?”

“Oh my God, no. Don’t you dare. I’m dealing with enough, I don’t need him finding out I’m single and harassing me for my number. I’ll just sing Chappell Roan in my head or something.” 

He parks and you both head over to the building, and you hear your callsign echo from somewhere to your left. You both turn your head and roll your eyes. Of course Hangman would find you before you’d finished your coffee.

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Reader’s POV

As you watch Hangman jog over to you, you start chugging your very strong coffee as fast as you can. 

“Jake, please. It’s so early and I’m not in the mood.”

He smirks as he reaches you, “what’s wrong, darlin’? I just came over to offer my condolences.”

You wince, “condolences for what?”

“Well, Adrian came by Hard Deck last night. Imagine my surprise when he was looking for you because you left him.”

“Yeah, Hangman, I left him. As in, no longer together. So just tell me what you want,” you tell him as you head to the locker room to put your bag up.

He pulls you to him before you can enter the locker room, “I was hoping you’d let me take you out for a celebratory dinner. And then an even more celebratory breakfast the next morning.”

“What exactly are we celebrating?” You try to pull away, but he’s got a hand on your arm. 

“You finally being single, I’ve been waiting for this.” 

You reach down and remove his hand from your arm, and you decide you’ve had enough. “You know what, Hangman? I am so, so sick of this shit. I’m not going to go out with you. Why do you think you’ve never gotten any luck with anyone in the Navy? It’s because we all know what kind of person you are. You’re an incredible pilot. There’s no question about that. But the way you treat people is the reason you have no fucking friends. Ever think you’d have better luck if you changed everything about yourself?”

“I just-”

“Jake, leave her alone,” you hear over your shoulder. You turn your head and see Rooster towering over you, “she’s going through a lot and she doesn’t need you all over her ass.”

“Alright, whatever. See you in the air,” Jake says as he scoffs and walks away. Once he’s gone, Bradley pulls you into a hug. It’s not as tight as the one yesterday, but it’s somehow better. You feel… safe. And the only thing you can think is that you want to feel this way with Bradley every day forever. 

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After a grueling day of flying with Jake, who wouldn’t speak to you unless it was an instruction, you shower in the locker room and go out to wait by Bradley’s Bronco. You were usually out first, but he’s already standing next to the rear bumper in his civvies.

“Ready? I was thinking we’d pick up some pizza and beer.” 

You high five him before making your way to the passenger’s side, “what a guy,” you say lovingly as you hop in. You order the pizza on your phone, then make a stop at a convenience store for beers before going to pick it up. 

Once you get to Bradley’s, you go straight to the living room and put the pizza and beer on the table. You hear him rummaging around in the kitchen and grab the remote, hoping to choose something before he comes back in the room. You successfully choose “Alien,” just to see how much Bradley will let you get away with in your state. You queue it up on the Netflix screen as Bradley walks in with extra ranch and marinara and sets it on the table. He sits next to you, looks at the TV, then back at you. 

“Actually, can we talk about something?”

------------------------------------------------

@my-emotional-self @thankyouforanonymity @supernaturaldean67 @lostinthoughtsandfeelings @princess76179 @srgntjbarnes @jcc04220 @ilovethefandomwho-blog @a-tale-of-two-comics @magellan-88 @healojane @mizz-kraziii @lostinspace33 @esther-maslow-90 @astheskycries @turningtoclown @sonofadeanwinchester @roosterforme

[mcginnlawfirm]

What is the Statute of Limitations for Filing a Claim?

Picture a clock tracking time and counting down your chance to seek justice. Understanding the statute of limitations is crucial in the legal world—it’s not just about timing, it's about your right to act. Without knowing this, you could miss your shot at legal recovery entirely.

Statutes of limitations set deadlines for when you can file a lawsuit. These aren’t just arbitrary dates; they help keep evidence fresh and ensure fairness in court. Think of it as an invisible line—if you cross it without filing, you might lose your chance at compensation forever. This article breaks down the complexities of these legal deadlines in straightforward terms, helping you understand exactly what’s at stake.

We’ll walk you through the legal terms and critical timelines, answering common questions about different types of claims and what happens when time runs out. With this knowledge, you’ll be ready to take on the legal system confidently. If you’re feeling overwhelmed and need help understanding your rights, McGinn Law Firm is here to help. We're your justice partners, serving clients in Western Iowa and Eastern Nebraska. Call Shawn McCann at 712-328-1566 for a free initial consultation on your personal injury claim today. Let’s ensure time doesn’t run out on your chance for justice.

What is a Statute of Limitations?

The statute of limitations might sound legalistic and complex, but it is a crucial legal framework that affects anyone wishing to file a claim. A statute of limitations is a time limit set by law, determining the maximum period after an event in which legal proceedings may be initiated. Once this period, also referred to as the statute of limitations period, expires, the claimant typically loses the right to file a legal claim.

This statutory clock can vary depending on the type of claim, such as personal injury, property damage, or breach of contract. Potential litigants must know these time limits as they navigate the legal landscape, whether dealing with an insurance company, a government agency, or private parties.

Definition of Statiture of Limitations

The statute of limitations is a legally prescribed timeframe that restricts the duration of legal action following an alleged offense or breach. This statute sets specific deadlines for when court actions must commence, and these deadlines depend on the type of legal claim. For instance, the personal injury statute of limitations may differ from those applicable to wrongful death claims or oral contracts.

Although the statute of limitations begins to run at different times based on the case, it is commonly triggered by the date of the incident or discovery of harm. Experienced lawyers can guide these statutes, as different jurisdictions have different rules and exceptions that may apply.

Purpose of Statute of Limitations

The purpose of the statute of limitations is multifaceted. These statutes ensure that legal proceedings are conducted reasonably and promptly. This timeliness helps preserve the integrity of evidence, including witness testimony and physical evidence, which may degrade or be lost over time.

Secondly, it protects potential defendants from indefinite threats of legal action, providing them with a degree of certainty and protection after a certain period has passed. It encourages the swift and diligent resolution of conflicts and preserves judicial resources by precluding the possibility of protracted litigation over stale claims.

Understanding Time Limits for Legal Claims

When we discuss legal action, many are unaware of a hidden countdown that holds significant power over a claim's viability. This countdown is encapsulated within time limits, known in the legal realm as "statutes of limitations." Understanding these time frames is pivotal since they dictate how long you must initiate legal proceedings following an incident or discovery of harm.

Regardless of the claim—whether it pertains to personal injuries, property damage, wrongful death, or a breach of contract—a specific statute of limitations applies. Ignoring or misjudging these time limits can result in losing the right to seek justice and compensation. Considering these statutes as the first step in any potential legal claim is critical.

As a preliminary measure, consulting with a personal injury lawyer or experienced lawyers in the relevant field of law helps ascertain the applicable statute of limitations. They can interpret the complexities of the law and guide you through understanding how these time limits can impact your legal strategy.

Importance of Time Limits in Legal

Implementing time limits in legal claims serves several vital purposes, safeguarding the judicial process and the interests of plaintiffs and defendants. For claimants, these limits prompt timely action, ensuring evidence preservation and consistency in witness accounts. Time-sensitive elements are quintessential to building a robust case, and the sooner legal action is initiated, the fresher the details surrounding the case will be.

For defendants, statute limitations offer reassurance that they won’t be indefinitely exposed to lawsuits. After the statute of limitations expires, individuals and entities can move forward without the looming possibility of legal action related to past events. This ensures that potential legal disputes are resolved within a reasonable timeframe and that legal closure is achieved.

On a broader scale, these statutes protect the legal system from being clogged with outdated claims, supporting efficiency and the effective administration of justice. The time limits work to prevent the courts from being overwhelmed with cases that may no longer be relevant or fair to adjudicate due to the passage of time.

How Time Limits Are Determined

Determining time limits for legal actions does not follow a one-size-fits-all rule. Instead, these limits are set by statutory law and, therefore, differ by jurisdiction and the type of legal claim. For example, personal injury claims may have a statute of limitations different from medical malpractice claims or contract disputes.

To illustrate, here's a simplified chart showcasing how the statute of limitations may vary by claim type:

Furthermore, the statute of limitations can begin to run at different times. Often, it starts on the date of the incident. However, in some cases—like medical malpractice or specific fraud claims—it begins when the plaintiff discovers or should have reasonably discovered the harm, known as the "discovery rule." Special rules may apply for minors or if the defendant leaves the state, which can toll or pause the statute's running.

Navigating these various starting points and exceptions highlights the importance of seeking legal counsel. You must complete these crucial deadlines by even a day to ensure your right to file a legal claim. Understanding and complying with these legally defined periods is essential to protecting your right to seek compensation through the courts.

Different Types of Claims and their Statute of Limitations

The statute of limitations for legal claims is the time limit within which a claimant must file a lawsuit. If this timeframe expires, the claimant typically loses their legal recourse. Variations exist based on the type of claim and jurisdiction, reflecting the nuances of each case's nature. Below, we delve into the statute of limitations for various claims, understanding the vitality of prompt legal action.

Personal Injury Claims and their Statute of Limitations

When harm is suffered through another party's negligence or intentional act, this falls under personal injury. These claims can include, but are not limited to, automobile accidents, slip and fall incidents, and dog bites. The time limit for filing a personal injury claim often ranges from 1 to 6 years, depending on the state laws. It's imperative to check the local statutes as the start date for the clock may either be the date of injury or discovery of the injury, the latter especially in cases of latent injuries or illnesses.

Property Damage Claims and their Statitude of Limitations

Whether it's damage to a vehicle, home, or other personal property, these claims are subject to a statute of limitations generally spanning 2 to 6 years. This timeframe allows property owners to assess the damage and take necessary action. While some incidents yield immediate awareness of damage, others may come to light over time, making it crucial to understand the nuanced deadlines that apply to these scenarios.

Breach of Contract Claims and their Statitude of Limitations

Contracts are binding agreements; when one party fails to uphold its end, the other party may seek relief through a breach-of-contract claim. These claims range widely in their time limits, from about 3 to 10 years, with written contracts typically having longer statutes than oral contracts. The clock usually starts from the date of the breach, underscored by the type of contract and specific breach in question.

Medical Malpractice Claims and their Statute of Limitations

Medical malpractice claims address professional negligence by healthcare providers. The time limit for these claims can be complicated, ranging from 1 to 7 years. Factors like the "discovery rule," which starts the clock when harm is discovered or reasonably should have been, play a significant role in such cases. Unique to these claims are statutes of repose that set an absolute maximum time limit beyond which a lawsuit cannot be initiated, regardless of discovery.

Wrongful Death Claims and their Statute of Limitations

The untimely death of a person due to negligence or misconduct opens the door to a wrongful death claim. The mourning family generally has a narrower timeframe to pursue legal remedy, usually ranging from 1 to 3 years post the date of death. States may have varying statutes, and in some cases, the clock could start based on discovering the cause of death rather than the death itself. Prompt consultation with legal professionals is essential to navigate these sensitive timelines.

When does the Statute of Limitations Begin?

The Statute of Limitations typically begins to run from the date on which the claim accrues. This is often when the injury or damage occurs or a contract is breached. However, pinpointing this date can sometimes be complicated, and it may vary depending on the specific circumstances of a case and the jurisdiction's laws. For example, in personal injury cases, the clock generally starts on the incident that caused the injury. However, the starting date may be delayed in instances of latent harm or where the injury isn't immediately apparent. It's crucial for potential claimants to precisely understand when their statute of limitations commences to ensure they take advantage of the opportunity for legal recourse.

Determining the Start Date of the Statute of Limitations

The start date of the statute of limitations, also known as the "trigger" date, requires careful legal consideration. It is typically one of the following:

Date of Occurrence: The exact day the incident occurred or the contract was broken.

Date of Discovery: The day the claimant discovered or should have discovered the injury or damage may not always coincide with the occurrence date.

Date of Loss: Particularly in property damage cases, this could be when the actual loss is realized, which might differ from the occurrence date.

Factors such as the jurisdiction's laws, the specifics of the claimant's situation, and the nature of the claim are critical in determining this start date. A precise understanding of local statutes and case law is usually necessary to establish the correct starting point of the statute of limitations period.

Exceptions to the Start Date of the Statute of Limitations

Some exceptions can delay or pause the statute of limitations, a concept known in legal terms as "tolling." Some standard exceptions include:

Minority: If the injured party is a minor, the statute often doesn't begin until they reach the age of majority.

Mental Incapacity: When an individual is not mentally competent during the incident, the clock may start once competence is restored or a representative is appointed.

Fraud: If someone concealed their wrongdoing intentionally, the statute may not start until the fraud is discovered.

Legal Disability: Similar to mental incapacity, if a person can legally initiate a lawsuit, the statute may be delayed until the disability is lifted.

Each exception might not apply universally across all jurisdictions, and specific rules often dictate how these exceptions operate. Moreover, events such as declaring bankruptcy or the presence of a foreign object in the body after surgery can invoke unique tolling provisions. Individuals must seek knowledgeable counsel to assess the applicability of such exceptions to their circumstances.

What happens if the Statute of Limitations Expires?

The statute of limitations is a deadline for filing a lawsuit. If this deadline passes, the statute of limitations is said to have "expired." Once it expires, the prospective plaintiff—or claimant—loses the legal right to file a claim in a court of law for most cases. This happens because the purpose of a statute of limitations is to encourage timely and diligent litigation. At the same time, evidence is still fresh and provides a degree of certainty and finality to legal affairs.

In civil law, the statute of limitations expires to protect the potential defendant from the perpetual threat of legal action. It helps preserve the integrity of evidence that might deteriorate over time, making it fairer for both parties. However, it is essential to note that the statute of limitations varies from one jurisdiction to another and from one type of claim to another.

Consequences of Filing a Claim after the Statute of Limitations Expires

Filing a legal claim after the statute of limitations has lapsed can have several consequences, all of which are unfavorable to the claimant:

Dismissal of the Case: The most direct consequence is the likely dismissal of the case. If a defendant raises the defense of an expired statute of limitations, courts typically dismiss the case without considering the claim's merits.

Waiver of Rights: By missing the deadline, the claimant essentially waives their right to any legal remedy or compensation for their grievances, as the law views timely filing as the claimant's responsibility.

Financial Loss: Filing a lawsuit can entail significant costs. If a claim is dismissed due to the expired statute of limitations, the claimant may be responsible for these costs without any chance of recovery from the other party.

Impact on Credit and Reputation: In specific business or professional disputes, filing a late claim and undergoing a dismissal can affect the claimant's reputation or creditworthiness, especially if the case is of public record.

Circumstances that may Extend the Statute of Limitations

While there are consequences for missing the deadline, certain circumstances can legally extend or "toll" the statute of limitations period, granting the claimant additional time to file a lawsuit. These circumstances vary depending on jurisdiction, but here are some general considerations:

Discovery Rule: The period may begin when the claimant discovers the injury or damage rather than when it occurred if the harm was not immediately apparent.

Minors or Incapacity: If the injured party is a minor or was incapacitated at the time of the incident, the statute of limitations may be delayed until the minor reaches the age of majority or until the incapacity is removed.

Fraud or Concealment: If the defendant intentionally concealed their wrongful actions, the time might be extended until the claimant discovers the scam.

Bankruptcy of the Defendant: If the party against whom the claim is to be made files for bankruptcy, the statute may be tolled for the duration of the bankruptcy proceedings.

Other Legal and Equitable Grounds: Depending on the jurisdiction, different grounds for tolling that extend the limitations period may exist, such as ongoing negotiations with the insurance company or a government agency before filing the claim.

Claimants should consult experienced lawyers to understand any legal exceptions or tolling provisions that may apply to their case. Accurate information is vital because, sometimes, even an expired statute of limitations can be revived under specific circumstances, reinstating the claimant’s ability to file a lawsuit.

How to File a Claim within the Statute of Limitations

When filing a claim, adhering to the timeframe set by the statute of limitations is crucial for preserving your right to have your case heard. Navigating this time limit involves understanding when it begins, how long it lasts, and for what type of claim you are filing. Here’s how you can file within this critical period:

Identify the Type of Claim: Different claims have varying statutes of limitations. For instance, personal injury claims generally have a different time limit than property damage or breach of contract claims.

Determine the Start Date: The statute of limitations period usually starts on the date of the incident or discovery of harm. However, it can vary based on specific circumstances or exceptions like the discovery rule.

Research Applicable Law: Laws governing the time limits for filing a claim differ by jurisdiction and can be complex. Research or consult legal references to gather accurate information about your claim's applicable statute of limitations.

Document Everything: Collect and maintain thorough documentation relevant to your claim, including any communication with insurance companies or government agencies.

Act Promptly: It is advisable to begin legal proceedings well before the statute of limitations runs close to expiring. Delays can introduce complications and increase the risk of missing the deadline.

Seek Legal Consultation: An experienced personal injury lawyer can help you navigate the statute of limitations and ensure your claim is filed on time.

Maintaining a proactive approach and keeping informed about the time limits for your claim are vital steps to filing within the statute of limitations. Missing this window may result in forfeiture of your right to legal recourse, so it's imperative to act diligently.

Steps to Take When Filing a Legal Claim

Filing a legal claim follows a series of steps that help ensure the procedure progresses smoothly and effectively:

Gather Evidence: To substantiate your claim, compile all relevant evidence, such as photographs, witness statements, medical reports, or official documents related to the incident.

Consult a Lawyer: A personal injury lawyer or legal professional can help navigate the complexities of your case, including the appropriate laws and procedural rules.

Prepare Legal Documents: Your lawyer will draft a complaint, a formal legal document outlining your case against the defendant, and file it with the appropriate court.

Serve the Defendant: After filing the complaint, the defendant must be legally notified of the lawsuit, typically through a "service of process."

Engage in Pre-trial Activities. These might include discovery (exchanging information between parties), motions (requests for the court to rule), and settlement discussions.

Attend Court Hearings: Attend all required court appearances and be prepared to present your case if it goes to trial.

By following these steps methodically, you can ensure your claim moves through the legal process appropriately, improving your chances of a favorable outcome.

Importance of Seeking Legal Advice

Consulting with an experienced lawyer is essential when dealing with statutes of limitations and legal claims. Lawyers offer a wealth of benefits, including:

Expertise: Lawyers have specialized knowledge of legal principles, court procedures, and nuances in the law that laypersons often overlook.

Strategy: An experienced lawyer can formulate a legal strategy tailored to your case, maximizing your chances of success.

Negotiation: Lawyers skilled in negotiation can communicate effectively with involved parties, such as insurance companies, to reach settlements.

Peace of Mind: Having professional legal guidance alleviates the stress of uncertainty and personal management of complex legal matters.

Avoidance of Errors: Lawyers can help prevent costly mistakes, such as missing filing deadlines or procedural missteps, that could jeopardize your claim.

Seeking legal advice is not merely about navigating the legal system; it's about empowering yourself with a knowledgeable advocate to ensure your rights are protected and you receive the most favorable outcome possible.

Role of Insurance Companies and Government Agencies

Insurance companies play a significant role in legal claims, particularly in personal injuries, property damage, and medical malpractice cases. When an insured individual files a claim, the insurance company becomes a central figure. The following points outline the role of these entities:

Claim Assessment: Insurance companies evaluate the validity and extent of a claimant's losses upon receiving it.

Settlement Offers: They often negotiate with the claimant to reach a settlement that's agreeable to both parties without proceeding to court.

Legal Representation: If a legal claim is escalated to a lawsuit, the insurance company may provide legal representation to their insured, defending against the claim.

Payment of Covered Claims: If a claim is successful, insurance companies are responsible for paying compensation as defined by the policyholder's coverage.

Subrogation: In some instances, after compensating the insured, insurance companies may exercise their right to subrogation, pursuing third parties that are legally liable for the losses to recover the amount paid out.

Insurance companies are pivotal in managing legal claims and can significantly influence the outcome of negotiated settlements and litigation.

Involvement of Government Agencies in Legal Proceedings

Government agencies can become involved in legal proceedings in several ways. Their role may differ depending on the type of legal claim and the specific agency's mandate. Here are some of the critical aspects of government agencies in legal processes:

Regulatory Compliance: Agencies ensure that all parties involved in legal proceedings adhere to relevant laws and regulations, which can influence the outcome of a case.

Public Safety: Agencies may intervene to safeguard public interests in cases involving potential public harm, such as environmental lawsuits or public health issues.

Legal Actions: Some government agencies can initiate legal actions against individuals, corporations, or other entities if they violate statutory requirements.

Information Resource: Government agencies often serve as repositories of public information and records that can be instrumental in legal proceedings.

Claims Against the Government: If a legal claim is filed against a government agency, it can become a party to the litigation and defend its actions or policies in court.

In any case, involving government agencies, it is essential to understand the unique procedures and potential limitations, such as sovereign immunity or specific notice requirements, which may impact the course of legal action.

Benefits of Hiring an Experienced Personal Injury Lawyer

Engaging an experienced lawyer can be invaluable when navigating the legalities of a personal injury statute. A lawyer with a background in personal injury cases has a nuanced understanding of the statute of limitations, knowing precisely when the time limit for filing a claim begins and under what circumstances the period may be tolled or extended. Their expertise encompasses a variety of claims, including, but not limited to, those related to vehicular accidents, wrongful death, and medical malpractice.

The primary benefits of hiring an experienced personal injury lawyer include:

Case Evaluation: They can accurately evaluate the strength of a claim and the potential compensation one might expect.

Negotiation Skills: Lawyers possess the skills necessary to negotiate with insurance companies and ensure their clients receive fair settlements.

Litigation Experience: An experienced lawyer can navigate the courtroom and provide robust representation if litigation ensues.

Knowledge of Statute of Limitations: Understanding precisely when the statute of limitations period expires is crucial, and an experienced lawyer can ensure that claims are filed within the appropriate time frame.

Access to Resources: Experienced lawyers typically have resources such as expert witnesses and private investigators to strengthen a case.

Stress Reduction: Clients can focus on healing while the lawyer manages all legal aspects of their claim.

Advantages of Hiring a Personal Injury Lawyer

The decision to hire a personal injury lawyer can lead to a more favorable outcome for those seeking compensation for their injuries. Some of the advantages include:

Maximizing Compensation: Lawyers know how to calculate and argue for fair compensation, including non-economic losses such as pain and suffering.

Improving Odds: A lawyer’s expertise can strengthen claimants' chances of winning a case against insurance companies or other lawyers.

Handling Paperwork: The legal process involves significant documentation; a personal injury lawyer handles paperwork efficiently, ensuring compliance with legal requirements.

How to Choose the Right Personal Injury Lawyer

Choosing the correct lawyer is critical. Factors to consider include:

Experience: Look for a lawyer with a track record in personal injury law, especially in cases similar to yours.

Reputation: Seek out lawyers with positive reviews from previous clients and industry peers.

Communication: Select someone who communicates clearly and keeps you informed throughout the process.

Fees: Understand their fee structure—many work on a contingency basis, meaning they receive payment only if you win.

Comfort Level: Ensure you feel comfortable with their style and approach to handling your case.

When selecting a lawyer, consider consulting several to compare their advice and assess their expertise and dedication to your case.

[abboudlawfirm-omaha]

What is the longest you can wait to sue someone?

When pursuing legal action in Nebraska, understanding the statute of limitations is crucial. This legal time frame determines how long you have to file a lawsuit after an incident occurs. Missing these deadlines can mean losing your chance to seek justice and compensation. To help Omaha residents navigate this important concept, we've broken down the statute of limitations for various types of claims.

What Is a Statute of Limitations?

The statute of limitations is a legal deadline that sets the maximum time after an event during which legal proceedings can be initiated. Once this time has passed, your ability to file a lawsuit is generally barred, regardless of the strength of your claim.

General Time Limits for Civil Lawsuits in Nebraska

Personal Injury Claims: If you’ve been injured due to someone else’s negligence—such as in a car accident or slip and fall—you typically have four years from the date of the injury to file a lawsuit. Learn more about filing personal injury claims in Nebraska with the Abboud Law Firm.

Property Damage Claims: For damages to property, like your home or vehicle, the statute of limitations is also four years.

Assault and Battery Claims: For claims of assault or battery, the time frame is shorter—just one year from the incident date.

Defamation (Libel/Slander): If someone has harmed your reputation through false statements, you must file a defamation lawsuit within one year.

Fraud: In fraud cases, you have four years from when the fraud was discovered or should have been reasonably discovered.

Breach of Contract:

Written Contracts: You have five years to file a lawsuit.

Oral Contracts: The deadline is four years.

Professional Malpractice: Claims against professionals, such as doctors or lawyers, generally have a two-year statute of limitations. However, if the malpractice wasn’t immediately discoverable, you may have one additional year from the discovery date.

Wrongful Death: In wrongful death cases, you must file a lawsuit within two years of the date of death.

Understanding the Discovery Rule

In some cases, the statute of limitations does not begin at the time of the incident, but rather at the time the harm was discovered—or reasonably should have been discovered. This is known as the "discovery rule" and often applies to professional malpractice or latent injuries.

Consequences of Missing the Statute of Limitations

Failing to file a lawsuit within the specified time frame typically results in losing your right to pursue a claim. Courts generally dismiss cases filed after the statute of limitations has expired, regardless of the circumstances.

Exceptions and Special Considerations

Certain circumstances can extend or alter the standard statute of limitations:

Minors: If the injured party is under 19, the statute of limitations may be extended. For instance, minors in personal injury cases often have up to four years after turning 19 to file a claim.

Mental Incapacity: If a person is deemed mentally incapacitated, the clock on the statute of limitations may pause until they regain capacity.

Delayed Discovery: The statute of limitations may begin at the time of discovery for harm that wasn't immediately apparent.

Practical Steps to Protect Your Legal Rights

Consult an Attorney Promptly: Seek legal advice to understand your case and the relevant deadlines as soon as possible. Visit the Abboud Law Firm’s guide to legal timelines for more insights.

Document Everything: Keep detailed records of events, communications, and evidence supporting your claim.

Understand Your Deadlines: Knowing the time frame for your specific situation is key to preserving your rights.

Conclusion

Understanding Nebraska’s statute of limitations is essential to ensuring you don’t miss your opportunity to seek justice. Whether you’re dealing with a personal injury, property damage, or another legal matter, acting promptly can make all the difference in your case.

If you’ve been hurt and need legal guidance, working with a trusted personal injury attorney in Omaha, NE can help you protect your rights and take the right steps toward recovery. For those in the Southwest, a dedicated personal injury attorney in Tucson, Arizona is equally essential—especially when navigating complex timelines and insurance claims.

Don’t wait to get the support you need. Whether you're in Omaha, Lincoln, Tucson, or surrounding areas like Bellevue or Marana, reach out today to schedule a consultation and take the first step toward justice with confidence.

[specialagentartemis]

made up fic title ask game: “an end to freedom”

Oooh, angsty.

This is a title that could go well with an idea that I think is compelling, that I like returning to: see, for nearly every piece of technology we make in the real world, its lifespan is way, way shorter than a human's. IRL this includes spacecraft.

I'm imagining a fic set 10-12 years in the future of The Murderbot Diaries. Murderbot itself is a lot more relaxed, a lot more emotionally stable and fulfilled, a full citizen of Preservation cause they have gotten new laws regarding construct rights and citizenship in place, several of its humans are moving towards retirement or at least more sedentary career shifts, it's doing pretty great, actually.

However, it returns from a rotation aboard ART to the news that the Pansystem University has decided to retire the Perihelion. The arguments are the same as for any other craft: it's old, it's out-of-date by now, its upkeep isn't worth the expense that could be put towards making newer and better ships, the OS that the bot pilot runs on is several releases out of date and not supported on the more current ones. It's just old. It's just the lifecycle of spacecraft and computers. You can't expect us to be shackled to running our ships on Space Windows 223 forever.

Because here's the thing: while Mihira and New Tideland have also made moves to support AI rights, ART has never been recognized as a person or a citizen. What it does is much easier to do and actually allows it a lot more freedom and flexibility as a legal non-person than it would be if it was a legal citizen bound by things like laws. This has driven Pin-Lee crazy for years - she is a strong proponent of "If it's not in the contract, it doesn't exist," and has warned both ART and MB that ART's preference for being legally unrecognized because that grants it more freedom and fewer consequences is going to bite it in the ass someday and it will make things so much harder down the road.

ART was too confident in its captain, in Iris, and in its place in the university. But now Martyn is emeritus at the AI lab and the department is hinting that it's really time Seth should retire and the university has denied Iris's application to be the new captain of the Perihelion, because the university doesn't really want to keep upkeeping it. Sure, its computing kernel can be moved back into the university's AI lab and put into storage there, they won't destroy it, they're not monsters... but its ship body materials really could be recycled into other things. (With the rising galactic attention to AI rights, they may also want to quietly end the pre-existing sapient-ship program so that they can make a show of launching the next generation of sapient AI ships properly.)

Legally, ART is still a vehicle. A computer. University property. And it is abruptly going from having free rein to do basically whatever it wants because no one can stop it to being put in an impossible legal bind. I'm interested in the turnabout: Murderbot's legal personhood as a citizen of Preservation and an employee of the University is ironclad, while ART is really grappling with what it means to be legally property.

I never wrote it because I wasn't really sure where to take it. Fleeing to Preservation to claim asylum there is constantly hovering over them as an option, but it would hugely embarrass the University as well as the whole polity of M&NT and as one of Preservation's closest interstellar allies at this point, it would cause a goddamn incident and possibly ruin that political relationship, which is so much bigger than either of them. Just straight up running away - Murderbot "stealing" the Perihelion and running - is another option. I think they try that, first. I think they think it'll be okay, just the two of them together in the outer fringes of non-corporate space where they won't get caught, for ten years till the statute of limitations expires. I think they both realize pretty quick that neither of them is particularly happy with this prospect.

The thing about being interested in painful binds and impossible choices is that I gotta figure out where to go with them!

[darkmaga-returns]

Trump is trying to break out of the NY state judicial system preemptively. The NY case was always headed for the SCOTUS, as was discussed here, due to the state prosecutor’s reliance on a federal statute:

For Those Wondering About The Trump Sentencing

Surprisingly, Prof. Turley seemed to think that Trump would simply go through the state appeals process before getting into the federal court system. That view failed to take into account Merchan’s apparent desire to retain the ability to meddle in Trump’s presidency at will. Thus Turley wrote, at the time the sentencing date was announced:

The sentencing, however, will have another impact. Trump will finally be able to appeal this horrendous case. It has always been a target-rich opportunity for appeal, but Trump could no[t] launch a comprehensive appeal until after he was sentenced. Those appellate issues include charges based on a novel criminal theory through which New York County District Attorney Alvin Bragg not only zapped a dead misdemeanor into life (after the expiration of the statute of limitation) but based a state charge on federal election law and federal taxation violations. So, after the Justice Department declined to prosecute federal violations, Bragg effectively did so in state court with Merchan’s blessing. The issues also include Merchan’s absurd instructions to the jury. The novel theory demanded a secondary offense, the crime that Trump was seeking to conceal by listing payments as legal expenses. Merchan allowed the jury to find that the secondary offense was any of an array of vaguely defined options. Even on the jury form, they did not have to specify which crimes were found. Merchan did not require even a majority, let alone a unanimous jury, to agree on what actually occurred. Under Merchan’s instruction, the jury could have split four-four-four on whether this was all done to conceal a federal election violation, falsification of business records or taxation violations. Neither Trump nor the public will ever know. Even CNN’s senior legal analyst Elie Honig denounced the case as legally flawed and unprecedented. Sen. John Fetterman (D-Pa.) recently put it more simply and called the case total “b—s–t.” While expectations are not great for the New York legal system itself, this case will eventually go to the United States Supreme Court.

But the process of a state judge reserving the right to interfere in national governance means that there are far bigger issues of constitutional government at stake.

[cleoselene]

Fourth convictions: (Regardless of when prior convictions occurred) and murder with a motor vehicle: Mandatory revocation. An individual convicted of a fourth or subsequent DUI may apply for a restricted driving privilege upon the expiration of five years after the date of the last conviction or five years after the termination of any incarceration whichever is later as per the requirements of Florida State Statute 322.271, authority to Modify revocation, cancellation, or suspension order. (6)

the state of Florida really lets you have a shot at another driver's license after FOUR DUIS

[abboudlawfirm-tucson]

What is the limitation period for cause of action?

When considering legal action, it's essential to understand the "limitation period" or "statute of limitations." This term refers to the time frame within which you can initiate a lawsuit after an event that gives rise to a legal claim. In Arizona, these periods vary based on the type of claim, and being aware of them is crucial to protect your legal rights.

What Is a Limitation Period?

A limitation period sets the maximum time after an event within which legal proceedings may be initiated. Once this period expires, you generally lose the right to file a lawsuit regarding that event. This system ensures timely pursuit of claims, preservation of evidence, and fairness to all parties involved.

Limitation Periods for Common Causes of Action in Arizona

Arizona law specifies different limitation periods for various types of legal claims. Here are some common examples:

Personal Injury Claims: If you've suffered an injury due to someone else's actions, you typically have two years from the date of the injury to file a lawsuit. This includes cases like car accidents, slips and falls, and medical malpractice.

Property Damage: For damage to personal property, such as in a car accident, the limitation period is also two years from the date of the incident.

Breach of Written Contract: If someone breaches a written contract, you have six years from the date of the breach to initiate legal action.

Breach of Oral Contract: For breaches involving oral agreements, the limitation period is three years.

Fraud or Mistake: Claims based on fraud or mistake must be filed within three years from the date the fraud or mistake was discovered or should have been discovered with reasonable diligence.

Claims Against Public Entities or Employees: Special rules apply when filing claims against government entities or employees. You must file a notice of claim within 180 days after the cause of action accrues, and any lawsuit must be filed within one year.

When Does the Limitation Period Begin?

The clock on the limitation period typically starts ticking when the cause of action "accrues," meaning when the event giving rise to the claim occurs. However, there are exceptions:

Discovery Rule: In some cases, you may not immediately realize you've been harmed. For instance, if a surgical instrument is left inside you during an operation, you might not discover it until later. In such situations, the limitation period begins when you discover, or reasonably should have discovered the injury.

Minors and Mental Incapacity: If the injured party is a minor or legally incapacitated, the limitation period may be tolled (paused) until the individual turns 18 or regains legal capacity.

Why Are Limitation Periods Important?

Understanding and adhering to limitation periods is vital because:

Loss of Right to Sue: Missing the deadline generally means losing the right to have your case heard in court.

Preservation of Evidence: Timely filing ensures that evidence remains available and reliable, which is crucial for a fair legal process.

Legal Certainty: Limitation periods provide certainty and finality, preventing the indefinite threat of lawsuits.

Practical Steps to Protect Your Legal Rights

To safeguard your rights:

Act Promptly: If you believe you have a legal claim, consult with an attorney as soon as possible to ensure you don't miss critical deadlines.

Keep Detailed Records: Maintain thorough documentation of events, communications, and any damages or injuries sustained.

Be Aware of Special Rules: Understand that different rules may apply, especially in cases involving government entities or when the injured party is a minor.

Conclusion

Navigating the legal system requires awareness of the various limitation periods that apply to different causes of action in Arizona. By understanding these time frames and acting promptly, you can ensure that your legal rights are protected. If you're considering legal action, it's advisable to consult with a qualified attorney who can provide guidance tailored to your specific situation.

[oscarealejandro]

I just learned about this villain, Jennifer Bonjean, a defense lawyer who has represented R. Kelly, Bill Cosby, Harvey Weinstein, and potentially P. Diddy.

Earlier this year she filed a petition in case of her client R. Kelly for a writ of certiorari, a request that the Supreme Court order a lower court to send up the record of the case to review.

"The argument set forth by Kelly’s attorneys centers on the the 2003 PROTECT Act, which extended the federal statute of limitations for such cases. The petition for writ of certiorari states that the conduct for which the singer is convicted — specifically creating child pornography and enticing minors into illegal sexual activity — occurred prior to the law being passed. Because the acts date back to the Nineties, lawyers argue, the statute of limitations would have expired."

R. Kelly was sentenced to 20 years in prison for his sexual crimes against children (In a victory for the defense, the judge ruled that all but one year of the prison sentence would be served at the same time as a previous 30-year sentence that Mr. Kelly received after a jury in Brooklyn convicted him of racketeering and sex trafficking charges) and if those charges are overturned it would not only negate every victim who has had their lives severely traumatized, but also potentially allow R. Kelly to see the light of day much sooner than expected assuming he is granted parole. The basis for Bonjean filing this petition is that Kelly's actions exceed the statute of limitations and whether or not that is true would normally be important because it's the due diligence of the justice system to abide by the regulations they swore to enforce, but in this specific case we're arguing semantics. The man paraded around for decades and was praised as a cultural icon for a majority of my lifetime before he was punished for acts that everybody knew he was committing.

This clip from the renowned satirical series, The Boondocks, does a great job of touching on the cultural phenomenon that is R. Kelly and how we as a society played a role in him avoiding justice. I was in elementary school when I learned about R. Kelly's marriage to Aliyah and the video recording of him urinating on a 14-year old girl and even at ~8 years old I was curious as to why everyone was just okay with it.

This New York Times article discusses his accusations in further detail and why so many ignored the signs.

This is the man Bonjean is aggressively advocating to be released into society. I would advise that you save your breath before you gasp out of shock because this is far from unusual behavior for someone like her. As mentioned earlier, she represented Bill Cosby in his infamous case involving sexual misconduct, and also worked to overturn his conviction of 3-10 years in prison stemming from more than 50 women accusing Cosby of a range of sexual assault and misconduct, including rape.

Bonjean is a despicable, vile excuse of a person who lacks shame and is equally evil as the perverts she elects to represent. Another New York Times article writes that she "Called one woman who accused R. Kelly of sexual abuse 'a pathological liar.' She accused another of extortion. She tried to pick their accounts apart, and attacked prosecutors for stripping her client, the former R&B star, of 'every single bit of humanity that he has.'"

Bonjean's biography on her firm's website details what motivated her to attend law school:

Bonjean’s life took an unexpected turn when she began volunteering for the women’s services division of the YWCA of Metropolitan Chicago. At the YWCA, Bonjean was a rape crisis counselor and victim’s rights advocate for under-served and marginalized women who were victims of sexual assault and domestic violence.

One would think that the exposure to the suffering and traumatizing impact left on these victims would influence her to pursue a path where she could provide a sense of support, but not Bonjean..

While in law school, Bonjean quickly began to identify with the underdog, which in the criminal justice system is the accused.

I'll end this with a case that was lesser known to me. In June 2019, Keith Raniere, the founder and leader of Nxivm (a human trafficking cult disguised as a self help group), was tried and convicted of all seven counts of a superseding indictment charging him with racketeering and racketeering conspiracy (including predicate acts of extortion, identity theft, and production and possession of child pornography); sex trafficking, attempted sex trafficking and sex trafficking conspiracy; forced labor conspiracy and wire fraud conspiracy. On October 27, 2020 he was sentenced to 120 years in prison after 15 victims testified against Raniere in a Brooklyn federal courtroom. Less than 3 months after this sentencing, Bonjean joined Raniere's legal team to assist with the appeal. An appeal that was supported by the clam that by definition, the actions should not be considered a commercial sex act.

Raniere's arguments turn on the meaning of "commercial sex act," which the statute defines as "any sex act, on account of which anything of value is given to or received by any person." 18 U.S.C. § 1591(e)(3). He principally argues that to qualify as a "commercial sex act," there must be a monetary or financial component to the "[ ]thing of value" that is given or received, and the sexual exploitation must be for profit.

Bonjean did what she does best. She did not argue that her client was innocent, but rather that the justice system failed him. I believe the justice system is not perfect and there are shades of corruption but to use it as a primary source of defense multiple times when there's clear proof against you is asinine. This woman is a diabolical spawn of Satan and a walking ironic figure. To cry corruption as a way of freeing your client is proof of failure in so many areas, including the justice system itself.

Yes, the government conspires to put a lot of innocent black men in jail on fallacious charges but R. Kelly is not one of them... You want to help R. Kelly? Get some help for R. Kelly

[fideidefenswhore]

what was the difference in margaret tudor annulling her marriage that let her keep her daughter legitimate compared to henry breaking from katherine?

Some historians have argued that it was a matter of Margaret Tudor already having had an heir (male); that had Anne Boleyn had a son in 1533, HVIII wouldn’t have done anything regarding Princess Mary’s status and it would be kept the same (assuming , of course, that she would acknowledge their son as prince).

However, I think this might be an oversimplification, the historian JF Hadwin has argued it was actually more a matter of English law and statute/inheritance precedent:

“[Henry VIII] now argued [Princess Mary] would be barred by illegitimacy. This contention puzzled continental contemporaries because elsewhere in western Europe those children born to couples who in good faith believed themselves validly married were treated as legitimate. Nevertheless, Henry was right. After a period of some uncertainty, by the late fourteenth century England had opted out of the bona fides principle. As Sir John Baker notes, 'succession problems were usually debated in legal terms and in accordance with the common law canons of inheritance.’ A successful challenge to his marriage would thus automatically bastardise Mary and leave Henry no direct heir… [although] Mary could have been legitimated by statute.” HADWIN, JF. Leviticus, Deuteronomy and Henry VIII. The Journal of Ecclesiastical History. 2019.

Chapuys claimed that HVIII argued that Mary was incontrovertibly illegitimate; but had also said that even if she were not, her ‘disobedience merited her disinheritance’. That’s instructive, maybe less on his belief about her illegitimacy (I mean… seems pretty clear and inflexible, to me) and more as to why he never granted her a title lesser than Princess; Chapuys claimed he’d promised her this in exchange for her acknowledgement of her parents’ annulment and the ‘illegitimacy’ of her birth/status, and then was very miffed when he never granted her any (Duchess of York, etc) in 1537- (if the claim was true, it seems it was an offer with an expiration date, since Chapuys first made the claim… 1534 or 1535, can’t remember which atm).

[beardedmrbean]

R. Kelly’s sex-crime conviction and 20-year sentence in Chicago’s federal court will stand, an appeals court ruled Friday in a blistering opinion.

“For years, Robert Sylvester Kelly abused underage girls. By employing a complex scheme to keep victims quiet, he long evaded consequences. In recent years, though, those crimes caught up with him at last,” Judge Amy St. Eve of the 7th Circuit U.S. Court of Appeals wrote in the terse, 14-page ruling.

“But Kelly — interposing a statute-of-limitations defense — thinks he delayed the charges long enough to elude them entirely. The statute says otherwise, so we affirm his conviction.”

The appellate court also denied Kelly’s request for resentencing, saying they had no grounds to second-guess the 20-year prison term U.S. District Judge Harry Leinenweber handed down.

“An even-handed jury found Kelly guilty, acquitting him on several charges even after viewing those abhorrent tapes,” the appellate ruling states. “No statute of limitations saves him, and the resulting sentence was procedurally proper and — especially under these appalling circumstances — substantively fair.”

Kelly’s attorney, Jennifer Bonjean, told the Tribune Friday that they were still weighing whether to request a rehearing before the full 7th Circuit panel — a move that is rarely granted.

Meanwhile, Bonjean says she plans to petition the U.S. Supreme Court on the statute of limitations issue, which centers on whether a new law passed after the underlying crimes in Kelly’s case should have been applied.

“We believe that is an appropriate issue for review by the Supreme Court,” Bonjean said.

Kelly, 57, is serving his time at a medium-security facility in Butner, North Carolina. His current release date is Dec. 21, 2045, when he’d be a couple weeks shy of his 79th birthday, federal prison records show.

Bonjean said she just spoke to Kelly on Thursday and that he remained “optimistic” about his remaining appeals.

“He understands that this is a process, that the fight is not over and he’s optimistic that the truth will eventually prevail,” she said.

A federal jury in Chicago convicted Kelly in 2022 on child pornography charges for explicit videos he made of himself and his then 14-year-old goddaughter, “Jane.” Kelly was also found guilty of inappropriate sexual relations with Jane and two other teenage girls, “Pauline” and “Nia.” The jury acquitted Kelly on separate charges of conspiring to rig his prior Cook County child pornography trial.

Kelly abused the three girls in the 1990s, when the law allowed prosecutors to bring such charges until the victims turned 25. Congress in 2003 expanded the statute of limitations up until the victim’s death, but on appeal Kelly attorney Jennifer Bonjean argued lawmakers never intended that amendment to apply retroactively. Prosecutors could not have brought these charges any later than 2009, she said.

Kelly is also appealing his conviction in a separate federal case out of New York, where a jury found him guilty of broad racketeering charges. He was sentenced to 30 years in the case; most of his prison term for the Chicago conviction is to be served concurrently.

During arguments in February on the Chicago case, St. Eve seemed skeptical, noting that no federal circuit has yet sided with Bonjean’s position.

Prosecutors argued that Congress expanded the statute of limitations long before it otherwise would have expired for Jane, Nia and Pauline. That’s a deadline extension, not a retroactive application of the law, they argued.

Case law overwhelmingly rejects Kelly’s claims, the appellate court ruled in Friday’s order.

“(It) is not unconstitutional to apply a newer statute of limitations to old conduct when the defendant was subject to prosecution at the time of the change, as Kelly was in 2003,” the ruling states.

The higher court also shot down Kelly’s argument that the counts involving Jane, including the child pornography charges, should have been tried separately from the rest.

[abboudlawfirm-omaha]

How long before a debt becomes uncollectible in Nebraska?

Understanding when a debt becomes uncollectible in Nebraska is crucial for both creditors and debtors. This timeframe is determined by the state's statute of limitations, which sets the maximum period during which legal action can be initiated to collect a debt. Once this period lapses, the debt is considered "time-barred," meaning creditors can no longer sue to recover it.

Statute of Limitations on Debt in Nebraska

In Nebraska, the statute of limitations varies based on the type of debt and the nature of the agreement:

Written Contracts: Debts arising from written agreements, such as credit card agreements, bank loans, and other formal contracts, have a statute of limitations of five years.

Oral Contracts: Debts based on verbal agreements, including certain medical debts, have a statute of limitations of four years.

Judgments: If a creditor has obtained a court judgment against a debtor, they have five years to enforce it.

Key Considerations

Date of Last Activity: The statute of limitations clock starts ticking from the date of the last payment or acknowledgment of the debt. Any activity, such as making a payment or acknowledging the debt in writing, can reset this clock.

Expired Statute of Limitations: Once the statute of limitations expires, the debt becomes time-barred. While creditors cannot sue to collect a time-barred debt, they may still attempt to collect it through other means, such as phone calls or letters. However, they cannot legally threaten to sue or actually file a lawsuit for such debts.

Debtor's Rights: If a creditor attempts to sue for a debt after the statute of limitations has expired, the debtor can use the expired statute as a defense in court. It's essential for debtors to respond to any such lawsuits and assert this defense to avoid unfavorable judgments.

Avoiding Unintentional Resetting of the Statute of Limitations

Debtors should be cautious, as certain actions can inadvertently reset the statute of limitations, making the debt legally collectible again:

Making a Payment: Even a partial payment can restart the statute of limitations period.

Acknowledging the Debt: Any written acknowledgment of the debt can reset the clock.

Entering a Payment Agreement: Agreeing to a new payment plan can also restart the statute of limitations.

Legal Protections for Debtors

Nebraska law provides several protections for debtors against unfair collection practices:

Fair Debt Collection Practices Act (FDCPA): This federal law prohibits debt collectors from using abusive, unfair, or deceptive practices to collect debts.

Nebraska Consumer Protection Act (NCPA): This state law offers additional protections, prohibiting deceptive trade practices by debt collectors.

Conclusion

Understanding the statute of limitations on debt in Nebraska empowers you to protect your rights and make confident, informed choices. If you're facing collection efforts or have questions about how old debts might affect you, it's a good time to reach out for legal support. Working with a trusted personal injury attorney in Omaha, NE can help you navigate your legal options—especially if you're in areas like Bellevue, Papillion, or Council Bluffs. For those in Arizona, a dedicated personal injury attorney in Tucson, Arizona can provide clear guidance tailored to your local laws, whether you're in Marana, Oro Valley, or Sahuarita. Don’t wait to get the help you need—speak with a legal professional today to ensure your rights are fully protected.

[wrathfultotempriest]

When Is It Too Late to File with a Medical Negligence Attorney?

Medical negligence cases can be complex and overwhelming for patients who have suffered harm due to healthcare provider mistakes. Understanding when you can still file a claim is crucial for protecting your legal rights. Time limits, known as statutes of limitations, play a vital role in determining whether you can pursue compensation for medical malpractice.

Understanding Medical Negligence and Malpractice

Medical negligence occurs when healthcare professionals fail to provide the standard of care that other reasonable medical practitioners would provide in similar circumstances. This can include misdiagnosis, surgical errors, medication mistakes, birth injuries, or failure to obtain informed consent. Medical malpractice is the legal term used when this negligence causes harm to the patient.

Healthcare providers, including doctors, nurses, hospitals, and other medical facilities, have a duty to provide competent care. When they breach https://travel.einnews.com/pr_news/817895662/miller-trial-law-reports-increased-case-resolutions-for-personal-injury-clients-in-boca-raton this duty and cause injury, patients may be entitled to compensation for medical expenses, lost wages, pain and suffering, and other damages.

Statute of Limitations for Medical Malpractice Claims

The statute of limitations sets a deadline for filing medical malpractice lawsuits. In Florida, patients generally have two years from the date they discovered or should have discovered the injury to file a claim. However, there's also an absolute deadline of four years from the date the incident occurred, regardless of when the injury was discovered.

These time limits exist to ensure that evidence remains fresh and witnesses' memories are still reliable. Once the statute of limitations expires, courts will typically dismiss your case, even if you have a valid claim for medical negligence.

Discovery Rule and When the Clock Starts Ticking

The discovery rule is an important concept in medical malpractice cases. The two-year limitation period doesn't always begin on the date of the medical error. Instead, it starts when the patient discovers or reasonably should have discovered the injury and its connection to the healthcare provider's negligence.

For example, if a surgeon leaves a medical instrument inside a patient during surgery, but the patient doesn't experience symptoms or discover the error until months later, the statute of limitations would begin when the patient learned about the retained instrument, not on the surgery date.

However, the four-year absolute deadline still applies. This means that even if you discover an injury five years after the incident, you would be barred from filing a lawsuit because the absolute statute of limitations has expired.

Special Circumstances and Exceptions

Several exceptions can extend or modify the standard statute of limitations for medical malpractice cases:

Fraud or Concealment: If a healthcare provider intentionally conceals their mistake or commits fraud to hide the malpractice, the statute of limitations may personal injury attorney be extended. In such cases, the clock may not start until the patient discovers the concealment.

Minors: When medical negligence affects children, different rules apply. The statute of limitations may be extended until the child reaches the age of majority, giving families more time to file a claim.

Mental Incapacity: If a patient lacks the mental capacity to understand their injury or file a lawsu

[bigscaryd]

I am a lawyer. I am not your lawyer. This is not legal advice. Consult YOUR lawyer before signing ANY contract. DM me if you would like me to be your lawyer and we'll talk.

You should generally not sign a contract with perpetual rights, but I need to correct a slight error here: perpetual and irrevocable are not synonyms. Perpetual means "will not expire" and irrevocable means "the grant cannot be cancelled." A contract can be perpetual and revocable (indeed, even perpetual and revocable-at-will) which just means it will continue forever until canceled by action or triggering inaction. Or, it could be time-limited and irrevocable -- it will expire on a set date, but there's no getting out until that. The former is actually fairly common (where permitted by law), the latter would rarely be phrased that way but there are reasons you might.

Two more things: "irrevocable" is hard to uphold if either side really wants to for a good reason. Irrevocable does not mean "unrescindable" and there a lot of things in contract law that courts will use to void bad contracts. Using PB's hypothetical, fraud as to the identify of one party might get there depending on your state. Second, and this applies only to copyright and only in the US (all of the above is as to the US as well, but this is a particularly weird creature of US statute and history), a truly perpetual copyright grant (assignment or license) is basically impossible in the US.

I cannot emphasize enough how much you need to read thoroughly through the terms of any publication before you send your writing to them. It is mandatory that you know and understand what rights you’re giving away when you’re trying to get published.

Just the other day I was emailed by a relatively new indie journal looking for writers. They made it very clear that they did not pay writers for their work, so I figured I’d probably be passing, but I took a look at their Copyright policy out of curiosity and it was a nightmare. They wanted “non-exclusive, irrevocable, royalty-free, perpetual, worldwide license and right to use, display, reproduce, distribute, and publish the Work on the internet and on or in any medium” (that’s copy and pasted btw) and that was the first of 10 sections on their Copyright agreement page. Yikes. That’s exactly the type of publishing nightmare you don’t want to be trapped in. 

Most journals will ask for “First North American Rights” or a variation on “First Rights” which operate under the assumption that all right revert back to you and they only have the right to be the first publishers of the work. That is what you need to be looking for because you do want to retain all the rights to your work. 

You want all rights to revert back to you upon publication in case you, say, want to publish it again in the future or use it for a bookmark or post it on your blog, or anything else you might want to do with the writing you worked hard on. Any time a publisher wants more than that, be very suspicious. Anyone who wants to own your work forever and be able to do whatever they want with it without your permission is not to be trusted. Anyone who wants all that and wants you to sign away your right to ever be paid for your work is running a scam.

Protect your writing. It’s not just your intellectual property, it’s also your baby. You worked hard on it. You need to do the extra research to protect yourself so that a scammer (or even a well meaning start up) doesn’t steal you work right from under you nose and make money off of it.