While we purport to have a rule of law, we in fact have an ad hoc system that various depending upon the subjective judgment of each individual judge. Therefore, SOLs are enforced only in the clearest cases and if a judge wants to help a plaintiff out there are plenty of exceptions to the rule he can use. many of these cases are 30-40 years old, but they are not barred.
If it can just be tossed out, why have a statute of limitations? The guy should have brought suit 10 years ago – it’s too late now. Bad judge.
While we purport to have a rule of law, we in fact have an ad hoc system that various depending upon the subjective judgment of each individual judge. Therefore, SOLs are enforced only in the clearest cases and if a judge wants to help a plaintiff out there are plenty of exceptions to the rule he can use. many of these cases are 30-40 years old, but they are not barred.