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Barrister
Barrister, Lawyer
Category: Employment Law
Satisfied Customers: 36190
Experience:  16 years practicing attorney
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The Kansas statute of limitations a suit contract dispute,

Customer Question

The Kansas statute of limitations for filing a suit for a contract dispute, (wrongful termination) is 5 years. From what date does the clock start ticking? The last day of the written contract? The day of wrongful termination?
I filed a suit against a federal contractor who did not pay me in 2011, the case went on for over a year chasing the guy around as he switched lawyers 3-4 times to slow my progress. Could it be argued that the 5-year time-clock is then moved further out due to that?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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From what date does the clock start ticking? The last day of the written contract? The day of wrongful termination?

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The SOL starts running from the date of the "injury" or "breach" which here would be the date of the wrongful termination.

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Could it be argued that the 5-year time-clock is then moved further out due to that?

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No, the SOL is fixed in stone and if someone doesn't file a legal action prior to it expiring, then they lose the right to pursue a cause of action. But if you have already filed a lawsuit, then it doesn't make any difference how long it takes to finally get to court. The SOL is just the time limit for someone to start a lawsuit, not conclude it. So as long as you filed suit within the SOL for the breach, then you aren't affected by the SOL.

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thanks

Barrister

Customer: replied 1 year ago.
I just looked and I received a letter where the defendants attorney asked the court to dismiss the case "with prejudice". What does with prejudice mean?
Expert:  Barrister replied 1 year ago.

That means that the case is dismissed forever so it can't be refiled. If it was dismissed without prejudice, then it could be refiled as long as the SOL hasn't run. They are likely trying to dismiss for "failure to prosecute" which means that you haven't moved forward with the lawsuit in a long time and taken any action. Courts like lawsuits to move along in an orderly and timely manner and that can give grounds to dismiss.

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However, you could respond to their motion by defending based on the defendant continually changing attorneys so as to circumvent your efforts to proceed.

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Assuming that you responded and defended, the judge would likely dismiss their motion but put you under a deadline to either move forward with the case or it would be dismissed.

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If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided so I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

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thanks

Barrister

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