Law Offices of H. Jeffrey Marcus P.C.
Friday, March 4, 2011
Counterclaim filed after expiration of statute of limitations is permitted by 5th Circuit
RUBEN v. EL PASO (5th Cir. 2011): Parent appealed the decision of the state administrative agency on the last day of the 90 day period in which an appeal was permitted. District then filed a counterclaim. District Court dismissed the counterclaim reasoning that it was filed after the expiration of the statute of limitations. The 5th Circuit reinstated the claim reasoning that the statute of limitations applies to the filing of an “action” and that a counterclaim is not an “action.”