Wednesday, April 17, 2013

3d DCA Watch -- It's Equitable Estoppel Time, Khaleesi!


The bunker denizens have spoken thusly, and their words shall emanate widely unto the Kingdom of Winterfell South Florida:

Rubio v. Archdiocese:

Judge Logue holds that equitable estoppel does not overcome the statute of limitations in an alleged priest sexual abuse case:
We conclude that equitable estoppel does not apply in this case because Rubio has not alleged any facts indicating the Archdiocese caused or induced him to refrain from filing suit within the limitations period.
The Judge adds a "hold-your-nose" postcript:
In upholding the dismissal of the complaint in this case because of the delay of several decades in filing the claim, we are mindful that society benefits when survivors of child sexual abuse come forward and bear witness to what they were forced to endure as children. We certainly do not intend to discredit the courage of these survivors who break the silence that shielded their abusers. We hold only that Rubio’s lawsuit for money damages cannot be filed so long after the alleged injury was inflicted.
Camperos v. Estrella:

Oh God.

How many times does the 3d need to tell trial judges to do a full Kinney analysis on a forum non conveniens motion?

Don't these judges read our stupid blog?

(Note -- original and awesome Khaleesi fanart found here)

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