Legal Opinion
Archer v. Nissan Motor Acceptance Corp.
Court of Appeals for the Fifth Circuit
Decided November 26, 2008No. 07-60812PublishedCited by 28 opinions
1Opinion of the Court
PATRICK E. HIGGINBOTHAM, Circuit Judge:
This case concerns the running of the limitations period governing suits based on the Equal Credit Opportunity Act. 1 Appellants contend that their suit was not time barred because the ECOA’s two-year limitations period did not begin to run until discovery of the alleged violations of the Act. We disagree and hold that the ECOA’s limitations period is triggered by “the occurrence of the violation,” not discovery of the violation.
Appellants also brought Mississippi state law claims which are governed by the state’s general three-year statute of…
2Cases cited11 opinions
- TRW Inc. v. AndrewsSupreme Court of the United States · 2001
- Topalian v. EhrmanCourt of Appeals for the Fifth Circuit · 1992
- Davis v. JohnsonCourt of Appeals for the Fifth Circuit · 1998
- Smith v. SandersMississippi Supreme Court · 1986
- Ross v. Citifinancial, Inc.Court of Appeals for the Fifth Circuit · 2003
6 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Mangum v. Action Collection Service, Inc.Court of Appeals for the Ninth Circuit · 2009
- Illinois Central Railroad Co. v. Willie Harried, eCourt of Appeals for the Fifth Circuit · 2012
- DeKalb County Pension Fund v. Transocean Ltd.Court of Appeals for the Second Circuit · 2016
- Rolando Serna v. Law Office of Joseph Onwuteaka, eCourt of Appeals for the Fifth Circuit · 2013
- State Industrial Products Corp. v. Beta Technology, Inc.Court of Appeals for the Fifth Circuit · 2009
23 more not listed; retrieve them via the Exa API.