Tuesday, August 20, 2019

It’s Good to be King

Nullum tempus occurrit regi, sometimes abbreviated nullum tempus, is a Latin phrase that means "no time runs against the king." Today, nullum tempus is a common-law doctrine holding that the statute of limitations does not apply to governmental entities. As a result, governmental entities may initiate certain causes of actions that would be time-barred, if brought by an individual or private company.Pennsylvania has adopted the nullum tempus doctrine, and courts have repeatedly found that "statutes of limitations are not applicable to actions brought by the Commonwealth or its agencies unless a statute expressly so provides."Nullum tempus also applies to claims brought by local governments, such as school districts, municipalities and counties, but only if the local government 1) brings its claims in its governmental capacity and 2) seeks to enforce an obligation imposed by law, as distinct from one arising out of a voluntary agreement. The School District has the right to invoke the doctrine of "nullum tempus occurrit regi", and the Pennsylvania statutes of limitation and Pennsylvania statute of repose do not apply.  Thanks to Duane Morris LLP and Cohen Seglias Pallas Greenhall & Furman PC.

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