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  • October 3, 2017

Can Parties to a Maryland Contract Shorten the Limitations Period? It Depends…

The short answer to the question of whether parties to a contract can legally shorten the statute of limitations is yes.  However, three factors must be met before a shortened statute of limitations can be enforced: 1) no controlling statute exists to the contrary; 2) the provision is not the result of fraud, duress, or misrepresentation; and 3) the provision is reasonable.   In its recent opinion, Richard and Daphne Ceccone v. Carroll Home Service, LLC, filed July 28, 2017, the Court of Appeals upheld the Court of Special Appeals' decision in College of Notre Dame of Maryland, Inc. v.…

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  • August 1, 2016

Dissociative Amnesia Does Not Toll the Statute of Limitations

Note to reader: This blog does not name any of the parties in the lawsuit, even though the reported opinion does. During a hospitalization in January, 2014 at an inpatient trauma disorders unit for depression and suicidal ideation, R.A. remembered the sexual abuse she suffered at the hands of her father during her childhood, which was between 29 to 47 years earlier. This, in turn, triggered a similar reaction in R.A.’s two sisters, both of whom also allege that they were sexually abused as children by their father. In February, 2014, the three sisters reported the alleged sexual abuse to…

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