Legal Opinion
Harris v. Virgin Islands Housing Authority
Supreme Court of The Virgin Islands
Decided March 4, 1992No. Civil No. 863/1990PublishedCited by 2 opinions
1Opinion of the CourtHodge, Presiding Judge
MEMORANDUM OPINION
INTRODUCTION
Defendant brings this Motion to Dismiss on the grounds that this tort action is barred by the applicable two-year statute of limitations. Plaintiff opposes the motion arguing that the defendant waived its rights to assert a Statute of Limitations defense because it failed to assert it in its Answer.
The issues presented are (1) whether a defendant waives his right to assert a Statute of Limitations defense if he fails to do so in his Answer, but asserts it in a subsequent motion to dismiss, and if not (2) whether the tort action is barred by the applicable Statute…
2Cases cited9 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Arthur Davis v. Kay Bryan, Raymond Lopes, Aaron Ment, John D. Brennan and George BronsonCourt of Appeals for the Second Circuit · 1987
- Systems Incorporated, a Florida Corporation, Plaintiff-Respondent v. Bridge Electronics Company, Inc., a New Jersey CorporationCourt of Appeals for the Third Circuit · 1964
- Harvey v. Eimco Corp.District Court, E.D. Pennsylvania · 1963
- Transport Trailer Service, Inc. v. Upjohn Co.District Court, E.D. Pennsylvania · 1981
4 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Isaac v. CrichlowSuperior Court of The Virgin Islands · 2015
- Mountaintop Ltd. Partnership v. Colombian Emeralds International, Inc.Supreme Court of The Virgin Islands · 2001