The triggering event from which the two years begins to run is sensitive to each case and each cause of action. For example, if there is a distinct event( e. g., a motor vehicle accident, a promotion for which one has been bypassed, etc.), the date of that event is usually the date from which the two years begins to run. It is recommended that you consult with an attorney to establish the applicable statute of limitations.
It is also important to note that some of the above causes of action may be barred by the workers’ compensation laws of the state of New Jersey. It is recommended that you consult with an attorney to determine whether the workers’ compensation statute operates as a bar to a lawsuit.
In New Jersey, the following causes of action have a one-year statute of limitations: a. retaliation claims brought under New Jersey’ s Conscientious Employee Protection Act( CEPA)( also known as the Whistleblower Act). b. claims of slander( oral defamation); c. claims of libel( written defamation); and d. some claims of invasion of privacy. Here as well, the triggering event from which the one year begins to run depends on each case and each cause of action. For example, in cases of libel or slander, the one year begins to run from the date of publication( written or oral) of the defamatory statement. It is recommended that one consult with an attorney to establish the applicable statute of limitations.
In New Jersey, the following causes of action have a six-year statute of limitations: a. claims of malicious prosecution; b. c. claims of fraud; and claims of breach of contract( unless the parties agreed in the contract to a shorter timeframe).
Again, the triggering event from which the six years begins to run is sensitive to each case and each cause of action. For example, in cases of malicious prosecution, the six years begins to run from the date the charges against the target are dismissed. It is recommended that one consult with an attorney to establish the applicable statute of limitations.
It is also important to note that whether they carry a statute of limitations of one, two or six years, some of the above causes of action may require tort claim notice to be filed within 90 days of an event as a prerequisite to filing any lawsuit. Consult with an attorney to determine whether tort claim notice is required.
Just because it appears as though the statute of limitations has lapsed, you should not automatically assume that all hope is lost. New Jersey does have what is known as the theory of“ continuing violation,” which allows a litigant to pursue some claims that includes periods of time outside the applicable statute of limitations, where the litigant can establish that the acts occurring outside that period are part of an ongoing practice or pattern of behavior. Where a litigant is subjected to a continual and cumulative pattern of tortious conduct, the statute of limitations may not even begin to run until the wrongful action ceases. This constitutes an equitable exception to the statute of limitations.
It is recommended that you consult with an attorney regarding whether the“ continuing violation theory” can extend what otherwise would have been the applicable statute of limitations. d
A former municipal police officer, county corrections officer and municipal prosecutor, Stuart J. Alterman has represented law enforcement officers for more than 25 years in all areas of employment issues. He is a NJ State PBA Lifetime Silver Card recipient. Arthur J. Murray, who has extensive practice in the Office of Administrative Law in Law Enforcement Disciplinary Matters, contributed to this report. www. njcopsmagazine. com ■ SEPTEMBER 2017 23