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Fifth Circuit holds unconstitutional a Texas statute that tolls the statute of limitations against defendants for as long as they are not present in Texas

Fifth Circuit holds unconstitutional a Texas statute that tolls the statute of limitations against defendants for as long as they are not present in Texas: You can access today's ruling of the U.S. Court of Appeals for the Fifth Circuit at this link.

Interestingly, the State of Texas had intervened to defend the constitutionality of the law, but both the district court and now the Fifth Circuit disagreed.

For what it's worth, today's opinion also appears to use the phrase "Hobson's choice" improperly.

Full post as published by How Appealing on September 08, 2008 (boomark / email).