Blog - Statute of Limitations

Posted on October 24, 2023 by Marty Aisenberg

Many, if not most, states have different statutes (or different common law doctrines) that toll the applicable statute of limitations (SOL) in different circumstances.  These circumstances include the discovery rule in medical malpractice cases and the tolling of the SOL if the plaintiff was a minor when the cause of action accrued, was deemed mentally incompetent when the cause of action accrued or while the SOL was running, was imprisoned while the SOL was running, or when the defendant is not physically within the jurisdiction and cannot be served with process.  In Louisiana, by contrast

Posted on January 25, 2022 by Marty Aisenberg

The Affordable Care Act (ACA) establishes a cause of action for healthcare discrimination:  “[A]n individual shall not, on the ground prohibited under [four existing federal nondiscrimination statutes], be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any health program or activity, any part of which is receiving Federal financial assistance….The enforcement mechanisms provided for and available under [29 U.S.C.


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