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: Illinois Injury Lawyer BlogCase Law Update: Statute of Limitations in Personal Injury Lawsuits
Malone v. Corrections Corporation of America, No. 07-3640, (1/21/09) affirmed that the district court did not err in dismissing as untimely plaintiff-prisoner's sec. 1983 action alleging that guards at private prison located in Oklahoma used excessive force since said action was filed after expiration of Oklahoma's two-year limitations period for personal injury lawsuits. Ct. rejected plaintiff's claim that Wisconsin's 6-year limitations period applied even though lawsuit was filed in Wisconsin federal court, since under choice-of-laws doctrine employed by Wisconsin courts, Wisconsin applies limitations period of state in which alleged injury occurred. This case will have an impact on personal injury lawsuits.
Full post as published by Illinois Injury Lawyer Blog on January 28, 2009 (boomark / email).
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