Friday, July 26, 2002
Dale: Now, there may be a possible ripcord for the L.A. Archdiocese: the doctrine of laches. Laches is French for something, but the idea is that in the absence of an applicable statute of limitations, courts can use their equitable powers to impose a statute of limitations if the facts warrant. Essentially, laches will act as a substitute statute of limitations if (1) there is an unreasonable (i.e., without good cause) delay in filing suit, and (2) the delay results in prejudice to the opposing party. If both requirements are satisfied, the court can order a case dismissed. This can happen where the delay causes evidence to be lost, witnesses to become unavailable, etc. Here's a handy alternate definition from the good folks at the 'Lectric Law Library.
But, as the definition implies, laches is a lot more fact-intensive (read: less defendant-friendly) defense than the statute of limitations. With the latter, all you have to do is point to a calendar. With laches, you have to jump through two fact inquiries, both involving an unsympathetic (to say the least) defendant. The obstructionist tactics of the Archdiocese tend to backfire on a laches defense, but it may help with the oldest cases--those going back 15+ years. After all, memories become unreliable, and witnesses die or move on.
More free legal analysis from the Blogosphere!
But, as the definition implies, laches is a lot more fact-intensive (read: less defendant-friendly) defense than the statute of limitations. With the latter, all you have to do is point to a calendar. With laches, you have to jump through two fact inquiries, both involving an unsympathetic (to say the least) defendant. The obstructionist tactics of the Archdiocese tend to backfire on a laches defense, but it may help with the oldest cases--those going back 15+ years. After all, memories become unreliable, and witnesses die or move on.
More free legal analysis from the Blogosphere!
