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Comment by artninja1988 | Hacker News Reader

artninja1988·

To any lawyers in here, is there an argument to be made for the statue of limitations not to apply here

No. Once the jury made its finding of fact as to when the event giving rise to the claim occurred (and to when the SOL clock would start ticking), the appeal would have to determine that the jury could not have reasonably made such a finding. It's very, very rare for an appeals court to overturn a finding of fact.

Out interest how does it work with new evidence then? I guess in civil less likely than criminal (new DNA technology etc.)

What new evidence would overturn the fact that there was more than 3 years between the relevant events?

New evidence is usually irrelevant, except in the very narrow circumstance where the statute of limitations is based on a "knew or should have known" moment instead of a "when the incident occurred" moment. (In this context, meaning the first time the plaintiff actually knew, or reasonably should have known, about the incident for which they are suing. Some torts allow for this, most don't.)

The was actually what was at issue here. The inciting incident was way past the statute of limitations on an occurrence basis (years late), but Elon was attempting to claim that there was "new evidence" to reset the start of the clock. He failed, because there was substantial evidence that he knew about the stuff he was suing over when it originally happened.

Honestly surprised he wasn't held in contempt for perjury.

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