(Download) "Can the Tolling of Statutes of Limitations Based on the Defendant's Absence from the State Ever Be Consistent with the Commerce Clause?" by Missouri Law Review # eBook PDF Kindle ePub Free
eBook details
- Title: Can the Tolling of Statutes of Limitations Based on the Defendant's Absence from the State Ever Be Consistent with the Commerce Clause?
- Author : Missouri Law Review
- Release Date : January 22, 2011
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 349 KB
Description
Most states have legislation that tolls applicable statutes of limitations during the time a defendant is absent from the state. (1) In 1988, the United States Supreme Court held in Bendix Autolite Corp. v. Midwesco Enterprises, Inc. that such tolling provisions violated the Commerce Clause when applied to nonresident corporations. (2) Since then, courts in several jurisdictions have considered the constitutionality of these statutes with respect to other categories of defendants. In some states, courts narrowly defined the statutory term "absence" to exclude individual defendants who, although physically absent from the state, are amenable to service of process under the laws of the forum state. (3) This limiting construction largely eliminates tolling applications that may run afoul of the Commerce Clause. (4) However, courts in other jurisdictions have construed the tolling provisions in their state statutes to apply whenever the defendant is physically absent from the forum state, regardless of whether that defendant is still amenable to service of process. (5) These courts also conclude that such tolling provisions violate the Commerce Clause when applied to nonresident individuals, (6) as well as to resident individuals whose absence from the forum state was for business reasons. (7) Under the reasoning employed by these courts, the applicable statutes of limitations will not be tolled during the time the defendant temporarily leaves the forum state for a non-business purpose, such as for a vacation in another state or country. (8)
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