Ala. Code § 6-2-38

Section 6-2-38(1) gives fraud claims a two-year limitations period that begins when the plaintiff discovers, or should have discovered, the fraud.

Brown v. Commonwealth Life Insurance · filed 1998-10-23(1)

Commonwealth argues in response that the suppression and deceit claims are barred by the statute of limitations. The statute of limitations for a fraud claim is two years. Ala.Code § 6-2-38(1) (1993). The statute begins to run when the plaintiff discovers, or should have discovered, the fraud.

Subsection (l) provides a two-year limitations period for fraudulent misrepresentation and suppression claims, and the same period applies to negligent misrepresentation treated as legal fraud.

Fowler v. Provident Life and Accident Ins. Co. · filed 2003-03-10(l)

The limitations period for claims based on fraudulent suppression is the same for one based on fraudulent misrepresentation. ... 822 So.2d 1187, 1194 (Ala.2001) (“Claims of fraudulent misrepresentation and suppression are subject to a two-year statute of limitations.”) (citing Ala.Code § 6-2-38(l)). A claim for negligent misrepresentation, i.e., based on misrepresentations made by mistake or innocently, is a claim for legal fraud and is subject to the same limitations period as plaintiff’s fraud claims. ... §§ 6-2-3, 6-2-38(l).

Section 6-2-38(1) supplies a two-year limitations period for fraud claims, which the court applied to bar the plaintiffs’ fraud claim.

Oswald v. Metropolitan Life Insurance · filed 1997-03-12(1)

In Alabama, fraud claims must be brought within two years of the date a plaintiff discovers the fact constituting fraud. Ala. Code §§ 6-2-38(1), 6-2-3 (1995). A plaintiff will be deemed to have discovered the fraud when he or she “should have discovered the fraud in the exercise of reasonable care.” ... Normally, the question of when a fraud has been “discovered” is one for the jury. ... However, this question may be decided as a matter of law “where the plaintiff actually knew of facts that would have put a reasonable person on notice of fraud.” ... On the basis of these statements, the Court finds that the plaintiffs actually knew by November 1992 that the policies would not be paid up within the length of time Schwartz had allegedly represented. Because the plaintiffs did not file suit until October 1995, Alabama’s two-year statute of limitations bars their fraud claim.

Section 6-2-38 imposes a two-year statute of limitations on fraud and negligence claims.

Haynes v. Metropolitan Life Insurance · filed 2004-04-20

Alabama’s statute of limitations for fraud and negligence is two years. Ala. Code §6-2-38. In this “vanishing premium” case, Jordan purchased her policy in June 1988 and was told that her premiums would “vanish” in seven years. Thus, her claim ripened in June of 1995. She did not, however, bring her fraud claims until March 2001. We therefore conclude that the District Court did not err in holding that Jordan’s fraud claims were time-barred.

Section 6-2-38 requires personal-injury claims to be filed within two years after accrual.

Bobo v. Tennessee Valley Authority · filed 2015-09-29

Personal injury claims must be brought within two years of accrual. Ala. Code § 6-2-38 (1975). Barbara Bobo first discovered her injury in November .of 2011, when she was diagnosed with mesothelioma. ... This lawsuit was filed less than one year later, on May 21, 2012. ... Accordingly, plaintiffs are allowed to recover for all injuries proximately caused by her exposure.

Section 6-2-38 supplies a two-year limitations period for this Eighth Amendment method-of-execution claim.

Grayson v. Dunn · filed 2015-12-22

The statute of limitations applicable to this claim is two years.

Section 6-2-38(l) sets a two-year limitations period for fraud claims, which the court applied to bar the fraud claims concerning the 2002 policies.

Brawley v. Nw. Mut. Life Ins. Co. · filed 2017-12-21(l)

Section 6-2-38 establishes a two-year statute of limitations period for fraud claims. ... Thus, the Court agrees with Northwestern that Dr. Brawley's fraud claims against Messrs. Kerr and Wright under the 2002 Policies are time-barred and that no exceptions possibly apply.

Section 6-2-38 imposes a two-year statute of limitations on fraud actions.

Clarke v. Tannin, Inc. · filed 2018-03-14

“A fraud action is subject to a two-year statute of limitations.” Liberty National Life Insurance Co. v. McAllister, 675 So. 2d 1292, 1297 (Ala. 1995) (citing Ala. Code § 6-2-38).

Subsection (l) requires actions for fraud to be brought within two years.

Moody v. Physicians Mutual Insurance Company · filed 2018-07-13(l)

The statute provides that “[a]ll actions for any injury to the person or rights of another not arising from contract and not specifically enumerated in this section must be brought within two years.” ... The undisputed evidence shows that denial of full coverage was made clear to Mr. Moody and to Mr. Moody’s counsel in August 2012 when Physicians Life sent a check for the reduced benefits to counsel’s office in Mobile, Alabama. Mr. Moody did not bring his action until 2017, more than two years after he became aware of the denial. Accordingly, Mr. Moody’s fraud claim in Count Two of the complaint is barred by the applicable statute of limitations and Defendant Physicians Life is entitled to summary judgment in its favor as to this claim.

Section 6-2-38(l) provides a two-year residual limitations period for personal-injury actions in Alabama.

Gaines v. Cooper · filed 2019-06-18(l)

In Alabama, the residual statute of limitations for personal injury actions is two years.

Section 6-2-38(l) sets a two-year limitations period for fraud and misrepresentation actions, which bars a claim filed more than two years after the plaintiff knew or should have known the statements were fraudulent.

Wadley Crushed Stone Company, LLC v. Positive Step, Inc. (CONSENT) · filed 2019-09-09(l)

Alabama, which is the forum state for the misrepresentation claim,7 sets out a two-year statute of limitations for fraud actions. Ala. Code § 6-2-38(l). ... Therefore, in order to avoid application of Alabama’s two-year statute of limitations for misrepresentation claims, Plaintiff was required to file suit on or before August 31, 2017. It did not.

Section 6-2-38 imposes a two-year limitations period on fraud or deceit claims, beginning when the aggrieved party discovers the facts constituting the fraud.

Roche Diagnostics Corporation v. Priority Healthcare Corporation · filed 2019-09-27

Granted, the two-year statute of limitations applies to claims based on fraud or deceit. ... But the statute does not begin to run “until the discovery by the aggrieved party of the fact constituting the fraud.” ... A plaintiff may “discover” the fraud through either actual awareness or by “becom[ing] privy to facts that would provoke inquiry in a reasonable person that, if followed up, would lead to the discovery of the fraud.”

Section 6-2-38 provides a two-year limitations period for a § 1983 claim brought in Alabama.

Johnson v. Wexford Health Sources, Inc. (INMATE 1) · filed 2020-08-27

[The plaintiff’s] claim was brought in Alabama where the governing limitations period is two years. Ala. Code § 6-2-38; Jones v. Preuit & Mauldin, 876 F.2d 1480, 1483 (11th Cir. 1989) (en banc). Therefore, in order to have his claim heard, [the plaintiff is] required to bring it within two years from the date the limitations period began to run.

Section 6-2-38 gives fraud actions a two-year limitations period, and the period was not extended here because the plaintiff unreasonably relied on representations contradicting the written agreement.

O'Shea v. OMi Holdings Inc · filed 2021-09-21

Actions for fraud fall under Ala. Code § 6-2-38, which has a two-year statute of limitations. ... The court finds that the statute of limitations bars both the fraudulent misrepresentation and fraudulent suppression claims because Mr. O’Shea unreasonably relied on Defendants’ representations about ownership rights at the time of the Agreement.

Section 6-2-38 supplies a two-year limitations period for personal-injury claims, including § 1983 claims brought in Alabama.

Blount v. Culliver (INMATE 2) · filed 2021-12-02

Plaintiff’s claims were brought in Alabama where the governing limitations period is two years. Ala. Code § 6-2-38; Jones v. Preuit & Mauldin, 876 F.2d 1480, 1483 (11th Cir. 1989) (en banc).

Section 6-2-38(l) and (n)'s two-year limitations periods do not govern a creditor’s bill seeking to enforce an existing judgment, even when the underlying allegations involve fraud or respondeat superior.

Anatharaju v. Gastrointestinal Specialists, P.C. · filed 2022-06-14(l) (n)

Defendants attempt to distinguish Backus on the ground that the defendant in that case asserted a two-year statute of limitations under Ala. Code § 6-2-38(n), addressing respondeat superior, not under § 6-2-38(l), addressing claims for fraud. That does not present a meaningful distinction. The 20-year statute of limitations applies to Count One because that claim presents a bill to enforce a creditor’s judgment, regardless of Shukla’s alleged misconduct underlying the claim.

Section 6-2-38(l) gives § 1983 claims a two-year statute of limitations, so a complaint filed within two years of the injury is timely.

Overby v. Square · filed 2022-08-11(l)

Under Alabama law, claims brought pursuant to § 1983 are subject to a two-year statute of limitations. ... Therefore, Mr. Overby had until October 21, 2021 to bring his claims. ... So where, as here, a complaint is filed within two years of the injury, it is not barred by the statute of limitations.

Section 6-2-38 imposes a two-year statute of limitations on negligence and wantonness claims in Alabama.

Davis v. TK Elevator Corporation · filed 2022-10-05

The statute of limitations for negligence and wantonness claims in Alabama is two years.

Section 6-2-38(l) provides a two-year limitations period for personal-injury claims, including § 1983 claims, and bars claims arising more than two years before filing.

Chapman v. Tehum Care Services, Inc. (INMATE 2) · filed 2023-02-09(l)

Consequently, his claims arising before December 23, 2017, are barred by the two-year statute of limitations. See Owens v. Okure, 488 U.S. 235, 249–50 (1989); Ala. Code § 6-2-38(l).

Section 6-2-38(l) gives fraud actions a two-year limitations period.

O'Shea v. OMI Holdings Inc. · filed 2023-07-24(l)

Alabama’s statute of limitations for fraud actions is two years. Bryant Bank v. Talmage Kirkland & Co., 155 So. 3d 231, 235 (Ala. 2014) (citing Ala. Code § 6-2-38(l) (2014)). ... Because O’Shea didn’t sue until October 2020, more than five years after signing the employment agreement on April 6, 2015, and more than two years after he started receiving the quarterly distributions for the phantom stock, we affirm the district court’s conclusion that his fraud claims were barred by Alabama’s two-year statute of limitations.

Section 6-2-38(k) requires libel and slander actions to be brought within two years, with the limitations period running from publication.

Williams v. Nexstar Media Group · filed 2024-02-08(k)

Under Alabama law, the statute of limitations for a defamation claim is two years. See Ala. Code § 6-2-38(k) (“All actions of libel or slander must be brought within two years.”). The two-year “statute of limitations for actions alleging libel or slander prescribes a period that runs from the date of publication—that is the date on which the injury to the plaintiff’s reputation occurs and the cause of action is completed.”

Section 6-2-38(l) provides a two-year statute of limitations for § 1983 claims in Alabama.

Land v. Burns · filed 2024-05-29(l)

“The statute of limitations for § 1983 claims is governed by the forum state’s residual personal injury statute of limitations.” Hines v. Thomas, 604 F. App’x 796, 800 (11th Cir. 2015) (citing Jones v. Preuit & Mauldin, 876 F.2d 1480, 1483 (11th Cir. 1989)). In Alabama that is two years. Ala. Code § 6-2-38(l).

Section 6-2-38(l) imposes a two-year limitations period on claims sounding in fraud or misrepresentation.

Leblanc v. MIS Inc. · filed 2025-02-13(l)

Additionally, any claim for fraud based on the “terms of the mortgage” is barred by the subject statute of limitations. See Ala. Code § 6-2-38 (l) (1975) (“All actions for any injury to the person or rights of another not arising from contract and not specifically enumerated in this section must be brought within two years.”). In Alabama, claims sounding in fraud or misrepresentation are subject to a two-year statute of limitations. See, e.g., Ala. Code § 6-2-38 (l) (1975).

Section 6-2-38(l) imposes a two-year limitations period on § 1983 actions in Alabama.

Crider v. Williams · filed 2025-09-30(l)

The Parents’ § 1983 claims are also barred by the two-year statute of limitations. See Beverly v. BP Expl. & Prod. Inc., No. CV 17-3045, 2022 WL 4242515 (E.D. La. Sept. 14, 2022) (explaining § 1983 actions in Alabama are governed by the two-year statute of limitations codified at Ala. Code § 6-2-38(l)). Here, Williams’s challenged actions were completed no later than April 5, 2016. ... Thus, even assuming the discovery rule applied in this case, the two-year statute of limitations would have expired no later than September 21, 2020, before this lawsuit was filed on October 1, 2020.

Section 6-2-38(l) provides Alabama's two-year residual statute of limitations.

Taylor v. Yellen · filed 2022-09-08(l)

In 1989, the Supreme Court decided Owens v. Okure, holding that the appropriate statute of limitations for a § 1983 claim is equal to the residual statute of limitations of the state in which the claim is brought. 488 U.S. 235, 245-48 (1989). In Alabama, the residual statute of limitations is two years. Williams v. Alabama, 2010 WL 11519539 (N.D. Ala. 2010) (citing Ala. Code § 6-2-38(l) (1988 Supp.)); Jones v. Preuit & Mauldin, 876 F.2d 1480 (11th Cir. 1989).

Section 6-2-38 imposes a two-year statute of limitations on fraud actions.

Kachler v. Taylor · filed 1994-04-11

In Alabama, an action for fraud is subject to a two-year statute of limitations. 1975 Ala.Code § 6-2-38.

Subsection (l)'s two-year limitations period for personal injury actions applies to Rehabilitation Act claims originating in Alabama.

Sammy Edward Simpson, II v. State of Alabama Department of Human Resources · filed 2012-12-18(l)

For Rehabilitation Act claims originating in Alabama, that state’s two-year period for personal injury actions, found in Ala.Code § 6-2-38(l), supplies the applicable statute of limitations.

Section 6-2-38(l) sets a two-year limitations period for fraud actions; under § 6-2-3, the period is tolled until the aggrieved party discovers the fraud.

Allen Group Leasing Corp. v. McGugin · filed 1988-12-23(l)

The statute of limitations for fraud is two years, Ala. Code 1975, § 6-2-38(l) (amended 1985), and the running of the statutory period is tolled until the discovery of the fraud by the aggrieved party, § 6-2-3; Bank of Red Bayv. King, 482 So.2d 274 (Ala. 1985).

Section 6-2-38 sets a two-year limitations period for fraud actions.

Green v. Wedowee Hosp. · filed 1991-06-14

In Alabama, pursuant to Ala. Code 1975, § 6-2-38, an action for fraud is subject to a two-year statute of limitations. ... Accordingly, the trial court could not properly have based its summary judgment on the statute of limitations.

A fraud action has a two-year limitations period that begins when the plaintiff discovers or should have discovered the fraud; whether reliance on the defendant’s assurances delayed discovery may be a jury question.

Howard v. Mutual Sav. Life Ins. Co. · filed 1992-09-04(l)

A fraud action is subject to the two-year statute of limitations of Ala. Code 1975, § 6-2-38(l), but the two-year period does not begin to run until the plaintiff has discovered, or should have discovered, the fraud. ... The question whether she justifiably relied on the insurer's representations as to the policy coverage cannot be resolved as a matter of law.

Section 6-2-38 gives an action for fraudulent misrepresentation a two-year limitations period.

Fabre v. State Farm Mut. Auto. Ins. Co. · filed 1993-07-16

An action for fraudulent misrepresentation is subject to a two-year statute of limitations. Ala. Code 1975, § 6-2-38.

Section 6-2-38(l) gives fraud claims, including suppression of a material fact, a two-year limitations period that begins when the plaintiff discovers or should have discovered the fraud.

Kelly v. Connecticut Mut. Life Ins. Co. · filed 1993-09-03(l)

However, a claim of suppression of a material fact, like a claim of fraudulent representation, is a fraud claim and is subject to the two-year statute of limitations, which begins to run when the plaintiff discovers, or should have discovered, the fraud.

The two-year period for fraud claims depends on when the plaintiff discovered or should have discovered the fraud; disputed facts about discovery preclude summary judgment on limitations grounds.

McGowan v. Chrysler Corp. · filed 1994-01-21(l)

Because it is unclear whether, before 1991, McGowan had sufficient facts to indicate that the defendants had been aware of the recurring problems with the Fifth Avenue line, the question of when McGowan should have discovered the fraud was a question of fact, not to be decided on a summary judgment motion. Thus, the trial court erred in determining, as a matter of law, that the statute of limitations had run on McGowan's fraud claims.

Section 6-2-38’s limitations period bars a fraud claim filed years after the alleged fraud was discovered or could have been discovered.

Bowman v. Fort Rucker National Bank · filed 1994-08-05

This action is barred by the statute of limitations. See § 6-2-38(Z), Ala.Code 1975. Any fraud with regard to the purchase of the property from the bank would have occurred in 1984 and was discovered in 1985 when the property was surveyed. This action was not filed until 1992, eight years after it occurred.

Section 6-2-38(a) gives a plaintiff two years to bring a fraud claim; when an accrued fraud claim is unknown to the plaintiff, the period begins upon discovery.

Jackson v. Secor Bank · filed 1994-09-16(a)

A fraud claim is subject to a two-year statute of limitations, § 6-2-38(a), Ala. Code 1975. Of course, the limitations period does not begin to run until the cause of action accrues, and a cause of action does not accrue until the actions of the tort-feasor result in injury or damage. If a fraud action has accrued, but the injured victim has no knowledge of it, the statute of limitations begins to run when the victim discovers the fraud.

Section 6-2-38 sets a two-year limitations period for fraud actions.

Liberty Nat. Life Ins. Co. v. McAllister · filed 1995-04-07

A fraud action is subject to a two-year statute of limitations. Ala.Code 1975, § 6-2-38.

Section 6-2-38 sets a two-year limitations period for fraud actions.

Jarzen v. Wright · filed 1996-02-16

Fraud actions are governed by a two-year statute of limitations under Alabama law. See Ala.Code 1975, § 6-2-38.

Fraud actions have a two-year limitations period that begins when the plaintiff discovers, or should have discovered, the fraud.

Lambert v. Bill Heard Chevrolet Co. · filed 1996-11-08(l)

A fraud action is subject to the two-year statute of limitations found in § 6-2-38(1), Ala.Code 1975. The two-year period begins to run when the plaintiff discovers, or should have discovered, the fraud.

When the plaintiff discovered or should have discovered the alleged fraud is for the jury when the record leaves room for dispute.

Collins v. Burns · filed 1995-07-21(l)

Collins had no reason to investigate the attic, nor to climb to its outer edges and peer down into the wall space below. ... Therefore, the question of when he discovered or should have discovered the fraud he alleges was for the jury to decide.

When evidence conflicts about discovery of alleged fraud, the factfinder decides when the limitations period began.

Kelley v. First Real Estate Corp. of Al. · filed 1997-02-14(l)

The evidence regarding when the plaintiffs actually knew that the County would not pave the road is in conflict. ... Therefore, we hold that this conflict in evidence is one that should have been resolved by the factfinder and is inappropriate for disposition by a summary judgment.

Claims of fraudulent misrepresentation and suppression have a two-year limitations period.

Foremost Ins. Co. v. Parham · filed 1997-03-14(l)

Claims of fraudulent misrepresentation and suppression are subject to a two-year statute of limitations. Ala.Code 1975, § 6-2-38(l).

Section 6-2-38(I) sets a two-year limitations period for fraudulent misrepresentation claims; when discovery of the fraud is disputed, a jury decides when that period began.

Nolan v. Melton · filed 1999-04-09(I)

A claim of fraudulent misrepresentation is subject to a two-year statute of limitations. § 6-2-38(I), Ala.Code 1975. ... We conclude ’ that the question of when the Nolans discovered or should have discovered the fraud, so as to begin the running of the limitations period, is for the jury to decide.

Section 6-2-38(l) sets a two-year period for fraud claims; whether discovery of the fraud tolled that period can be a jury question.

Reynolds v. American General Finance, Inc. · filed 1999-12-03(l)

In addition, a plaintiff alleging fraud must file an action within two years from the time the fraud *684occurs or is discovered; otherwise, the claim will be time-barred. See § 6-2-38(1) and § 6-2-3, Ala.Code 1975. ... We conclude that the question whether Reynolds justifiably relied upon Faulkner’s alleged representations, so that the running of the limitations period was tolled, is to be determined by a jury.

Section 6-2-38(l) generally provides a two-year limitations period for fraud actions.

Liberty Nat. Life Ins. Co. v. Parker · filed 1997-05-23(l)

The statute of limitations for fraud actions generally allows two years for filing a claim.

Section 6-2-38(l)'s two-year limitations defense to a fraud claim is for the jury when the evidence disputes when the plaintiff knew or should have known of the claim and whether the defendant induced a delay in filing.

Marks v. Intergraph Corp., Inc. · filed 1999-07-09(l)

We agree with the trial court that a fact question was presented both as to whether Marks knew or should have known more than two years before he filed his complaint in 1993 that he would not be receiving the "Master Architect" software and as to whether Intergraph had fraudulently induced Marks not to file an action before the running of the statutory limitations period. The court properly presented the statute-of-limitations defense to the jury.

Section 6-2-38(l) sets a two-year limitations period for fraud and suppression claims.

Ex Parte Seabol · filed 2000-09-01(l)

Seabol's fraud and suppression claims against Suntrust and Johnson are subject to the two-year statute of limitations, § 6-2-38(l), Ala.Code 1975.

Section 6-2-38 does not support dismissal of a fraud claim as untimely when the complaint does not establish when the plaintiff knew or should have known of the alleged fraud.

Griffiths v. Blue Cross and Blue Shield of Alabama · filed 2001-06-15

However, the Court agrees with Plaintiffs that it is not possible to discern, solely from the allegations of the complaint, that the fraud claims of all Plaintiffs are necessarily time barred. While Blue Cross urges that the complaint alleges that certain events occurred at particular times relatively long ago, such does not necessarily establish with legal certainty when a particular Plaintiff may have known or should have known they took place. Therefore, Blue Cross’s motion to dismiss will be denied as it pertains to Plaintiffs’ fraud claims.

Section 6-2-38(l) imposes a two-year limitations period on fraud actions.

Ex Parte American General Finance, Inc. · filed 2000-12-01(l)

An action alleging fraud is subject to a two-year statute of limitations. Ala. Code 1975, § 6-2-38(1). ... Therefore, we hold that Reynolds's fraud claims, filed in 1996, are time-barred.

Section 6-2-38(l) sets a two-year limitations period for fraudulent misrepresentation and fraudulent suppression claims.

Boyce v. Cassese · filed 2006-04-28(l)

The Boyces' claims of fraudulent misrepresentation and fraudulent suppression are subject to a two-year statute of limitations. Ala. Code 1975, § 6-2-38(l); Exparte Seabol, 782 So.2d 212, 216 (Ala. 2000).

Section 6-2-38(l) gives negligent-misrepresentation claims a two-year limitations period that begins when the plaintiff discovers or reasonably should have discovered the fraud.

Bryant Bank v. Talmage Kirkland & Co. · filed 2014-05-23(l)

Therefore, negligent-misrepresentation claims are subject to a two-year statute of limitations, which begins running when the plaintiff discovers, or should have discovered, the fact constituting the fraud.

Section 6-2-38 gives a plaintiff two years to bring a misrepresentation claim; when the evidence permits more than one conclusion about when the plaintiff should have discovered the misrepresentation, a jury decides whether the claim is timely.

Miller v. City of Birmingham · filed 2017-04-21(l)

Although the facts are not disputed, the facts do not warrant only one conclusion. This is a question for the jury to decide. Accordingly, the City defendants’ argument that Mrs. Miller’s misrepresentation claim is barred under § 11-47-23 and/or § 6-2-38 does not present a valid basis for the summary judgment in favor of the City defendants.

The two-year limitations period for fraud and suppression does not bar a claim at summary judgment when a factual question remains about when the plaintiff knew or should have known of the alleged fraud.

Knight & Son Transportation, Inc. v. Volvo Group North America, LLC · filed 2021-03-29

Like McGowan, even though some repairs were needed from 2013–2014, the allegation that repairs quickly escalated in 2015 creates a question of fact of when the Plaintiff knew or should have known of the alleged fraud. (Id. at 11–12). Therefore, summary judgment is due to be DENIED on the statute of limitations ground.

Section 6-2-38(l) gives a plaintiff two years from accrual to bring a negligence or wantonness claim.

Cunningham v. Langston, Frazer, Sweet & Freese · filed 1999-02-12(l)

Therefore, all of Cunningham's claims were filed well within the applicable statutory limitations periods. See Ala. Code *Page 806 1975, § 6-2-34(9) (six-year limitations period for a breach-of-contract claim); Ala. Code 1975, § 6-2-38(l) (two-year limitations period for a negligence or wantonness claim).

Section 6-2-38 imposes a two-year limitations period on negligence actions, beginning when the plaintiff could first maintain the action, regardless of when the injury is discovered.

In Re the Northwestern Mutual Life Insurance Co. Sales Practices Litigation · filed 1999-10-14

The parties agree that Alabama law imposes a two year statute of limitations period on negligence actions. Ala. Code § 6-2-38(0(1975). The period begins to run “at the earliest point in time at which plaintiff could maintain the action, regardless of the plaintiffs discovery of the injury.” ... McGahan alleges negligent supervision and training of NWM’s agent Lewis, causing Lewis to engage in fraudulent sales practices when he sold the policies to McGahan in 1987 and 1988. The two year period had long run by the time McGahan filed his complaint in August 1997.

Section 6-2-38 gives negligence actions a two-year limitations period running from the date the injury occurred.

Charles J. Piazza, Jr. v. EBSCO Industries, Inc. · filed 2001-11-30

The statutory period of limitations for negligence actions, found at Ala. Code § 6-2-38, is two years from the date the injury occurred.

Section 6-2-38(l) supplies Alabama’s personal-injury limitations period for Title IX and § 1983 actions filed in the district.

Hurt v. Shelby County Board of Education · filed 2016-07-27(l)

Both Title IX and section 1983 actions filed in this district are governed by Alabama’s personal injury statute of limitations, Ala. Code § 6-2-38(l).

Section 6-2-38 imposes a two-year limitations period on negligence actions, running from accrual when the claimant is entitled to maintain the action.

Sabbah v. Nationwide Mutual Insurance Co. · filed 2017-05-11

This Court agrees with Judge Bowdre’s approach and holds that it is equally applicable to the Plaintiffs in the instant case. In Alabama, “[t]he statutory limitations period for filing a negligence action is two years.” ... “A negligence cause of action accrues as soon as the claimant is entitled to maintain an action, regardless of whether the full amount of damages is apparent at the time of the first legal injury.” ... At that time, the negligence claims accrued. Therefore, the statute of limitations for the Plaintiffs’, negligence claims began to run, at the latest, on February 23, 2009, with the letter to Sabbah, and expired on February 23, 2011.

Section 6-2-38(l) requires noncontract injury actions not otherwise enumerated to be brought within two years, but equitable estoppel may require a factfinder to consider whether the defendant's assurances prevented application of the limitations bar.

Foster Poultry Farms, Inc. v. Water Works & Sewer Bd. of Demopolis · filed 2019-02-25(l)

"All actions for any injury to the person or rights of another not arising from contract and not specifically enumerated in this section must be brought within two years." ... Given these record facts, the interests of equity require that a finder of fact consider Foster Farms' estoppel claim in determining whether the statute of limitations expired prior to the initiation of suit.

Section 6-2-38 supplies a two-year limitations period for Alabama personal-injury actions, including these § 1983 claims.

Waldman · filed 2025-11-13

The governing limitations period in Alabama is two years.

Section 6-2-38(i) supplies a residual two-year limitations period for personal injury actions, which applies to a § 1985(3) claim when no more specific limitations period governs.

Benon John Trawinski, Irene Monahan Trawinski v. United Technologies, Carrier Corporation · filed 2002-12-03(i)

Turning to the Trawinski​s’ § 1983(5) claim, the district court, following precedent, correctly found that the residual, two-year limitations period for personal injury actions provided by Ala. Code § 6-2-38(i) should apply.

Section 6-2-38 supplies a two-year limitations period for Alabama personal-injury claims, including § 1983 claims brought in Alabama.

McNair v. Allen · filed 2008-01-30

All constitutional claims brought under § 1983 are tort actions, subject to the statute of limitations governing personal injury actions in the state where the § 1983 action has been brought. ... Callahan’s claim was brought in Alabama, where the governing limitations period is two years. Ala. Code § 6-2-38; Jones v. Preuit & Mauldin, 876 F.2d 1480, 1483 (11th Cir. 1989) (en banc). Therefore, in order to have his claim heard, Callahan was required to bring it within two years from the date the limitations period began to run. ... We hold a method of execution claim accrues on the later of the date on which state review is complete, or the date on which the capital litigant becomes subject to a new or substantially changed execution protocol. ... The statute of limitations began to run at that time; therefore, absent a significant change in the state’s execution protocol (which did not occur in this case), Callahan was required to file his Eighth Amendment challenge by July 31, 2004—more than two years before his complaint was filed.

Section 6-2-38 provides a two-year limitations period for personal-injury actions in Alabama, which governs Bivens claims brought there.

Johnson v. Greaves · filed 2010-02-25

Actions brought under Bivens are subject to the statute of limitations governing personal injury actions in the state where the claim has been brought. Kelly v. Serna, 87 F.3d 1235, 1238 (11th Cir. 1996). Johnson brought his claim in Alabama, where the governing limitations period is two years. McNair v. Allen, 515 F.3d 1168, 1173 (11th Cir. 2008) (citing Ala. Code § 6-2-38).

Section 6-2-38(l) imposes a two-year limitations period on a claim for damages arising from the loss of personal property, measured from when the claimant knew of the loss.

Perez-Hernandez v. Screws · filed 2014-11-20(l)

And Perez-Hernandez’s claim for damages attributable to the cost of his wallet and its contents was untimely because he failed to file his complaint within two years after he knew that Agent Screws had taken the property. See Ala. Code § 6-2-38(l); Kelly v. Serna, 87 F.3d 1235, 1238–39 (11th Cir. 1996).

Section 6-2-38(l) imposes a two-year limitations period on claims for personal injury.

Hall v. Tallie · filed 2015-01-15(l)

The violation must be alleged within the applicable statute of limitations for personal injury claims in the relevant jurisdiction. Lovett v. Ray, 327 F.3d 1181, 1182 (11th Cir. 2003) (per curiam). Alabama’s statute of limitations for personal injury claims is two years. See Ala. Code § 6-2-38(l). ... Furthermore, the District Court correctly noted that Hall’s claims against these individuals fell outside of Alabama’s two year statute of limitations for personal injury claims, and thus were barred.

Section 6-2-38 provides a two-year limitations period for personal-injury actions, which supplies the limitations period for this § 1983 Eighth Amendment claim.

Brooks v. Warden · filed 2016-01-19

The statute of limitations applicable to Brooks’s Eighth Amendment claim is two years. See Ala. Code § 6-2-38 (1975) (establishing a two-year statute of limitations for personal injury actions); McNair, 515 F.3d at 1173 (holding that courts must look to state’s personal injury statute of limitations to determine statute of limitations under § 1983).

Section 6-2-38(i) requires actions for injury to a person or another's rights, when not arising from contract or specifically enumerated, to be brought within two years.

Univalor Trust, SA v. Columbia Petroleum, LLC · filed 2016-06-21(i)

Those state law claims are subject to Alabama’s two (2) year statute of limitations per Ala. Code § 6-2-38(i) (“[a]ll actions for any injury to the person or rights of another not arising from contract and not specifically enumerated in this section must be brought within two years[ ]”).

Section 6-2-38(l) provides a two-year limitations period for personal-injury actions in Alabama.

Cromartie v. Alabama State University · filed 2017-07-13(l)

Cromartie’s complaints were subject to the two-year statute of limitation for personal injury actions in Alabama. See Ala. Code § 6-2-38(l); McNair v. Allen, 515 F.3d 1168, 1173 (11th Cir. 2008); Everett v. Cobb Cnty. Sch. Dist., 138 F.3d 1407, 1409–10 (11th Cir. 1998).

Section 6-2-38(l) requires personal-injury actions, including the borrowed limitations period for § 1983 claims in Alabama, to be filed within two years.

Nathaniel Bracy d/b/a The Toy Box v. The City of Prichard, Alabama · filed 2017-11-09(l)

Personal injury actions in Alabama “must be brought within two years.” Ala. Code § 6-2-38(l). Therefore, the statute of limitations for § 1983 actions in Alabama is “two years from when the claim accrues.” Brown v. Fountain, 2017 U.S. Dist. LEXIS 110559 at *15-16 (Ala. S.D. July 13, 2017) (citations omitted); Ala. Code § 6-2-38(l).

Section 6-2-38(l) requires negligence, wantonness, and strict-liability claims for personal injury not arising from contract to be brought within two years.

Wyatt v. Georgia-Pacific LLC · filed 2018-03-13(l)

Under Alabama law, Wyatt’s negligence, wantonness and strict liability claims against Quality Plus are all subject to a two-year limitations period.

Section 6-2-38 provides a two-year limitations period for personal-injury claims.

Johnson v. Skoog · filed 2018-06-20

Johnson’s claims about the violations of his civil rights were subject to the statute of limitation in Alabama, McNair v. Allen, 515 F.3d 1168, 1173 (11th Cir. 2008), which provided two years to file claims for personal injuries, Ala. Code § 6-2-38.

Section 6-2-38(l) requires negligence actions for personal injury not arising from contract or otherwise enumerated to be brought within two years.

Figgers v. Carroll Fulmer Logistics Corp. · filed 2019-05-17(l)

Alabama law provides the applicable two-year statute of limitations for negligence actions. See Ala. Code § 6-2-38(l) (“All actions for any injury to the person or rights of another not arising from contract and not specifically enumerated in this section must be brought within two years.”). ... Because Figgers’ claims against Freeman do not relate back to the original complaint, they are barred by the statute of limitations.

Section 6-2-38(l) requires actions for injury to a person or another's rights, when not arising from contract or specifically enumerated, to be brought within two years.

Davis v. Nail · filed 2019-06-21(l)

For cases filed in Alabama, the statute of limitations for federal claims is two years. ... Ala. Code § 6-2-38(l) (1975) (“All actions for any injury to the person or rights of another not arising from contract and not specifically enumerated in this section must be brought within two years.”

Section 6-2-38 imposes a two-year limitations period on personal-injury-based § 1983 claims brought in Alabama.

Gilley v. Alabama Board of Pardons & Paroles (INMATE 2) · filed 2019-07-24

[Plaintiff’s] claim was brought in Alabama where the governing limitations period is two years. Ala. Code § 6-2-38; Jones v. Preuit & Mauldin, 876 F.2d 1480, 1483 (11th Cir. 1989) (en banc). Therefore, in order to have his claim heard, [Plaintiff is] required to bring it within two years from the date the limitations period began to run.

Section 6-2-38(l) imposes a two-year limitations period on personal-injury actions and on actions for injury to a person or another’s rights not arising from contract and not specifically enumerated elsewhere.

Estate of Jeffrey West v. DeFrancisco · filed 2019-12-12(l)

The same is true for Count 2 (Failure to Attend to a Detainee’s Needs under Ala. Code § 14-6-19 where the failure of a statutory duty may give rise to a cause of action for negligence. See Ala. Power Co. v. Dunaway, 502 So. 2d 726, 730 (Ala. 1987); Ala. Code § 6-2-38(l) (providing the statute of limitations for “all actions for any injury to the person or rights of another not arising from contract and no specifically enumerated in this section must be brought within two years.”).

Section 6-2-38(l) provides a two-year limitations period for filing a § 1983 action in Alabama.

Jones v. Stewart · filed 2019-12-27(l)

In Alabama, the statute of limitations for filing a § 1983 action is two years.

Section 6-2-38(l) sets a two-year limitations period for personal injury actions.

Revere v. Reese (INMATE 2) · filed 2020-01-27(l)

In Alabama, the general statute of limitations for personal injury actions is two years. Ala. Code § 6-2-38(l).

Section 6-2-38(l) imposes a two-year limitations period for personal-injury actions.

Taite v. Monroe County Public Library · filed 2020-02-04(l)

In Alabama, that statute of limitations is two years. See Ala. Code § 6-2-38(l) (providing for a two-year statute of limitations for personal-injury actions).

Section 6-2-38(l) provides a two-year limitations period for § 1983 personal-injury claims in Alabama.

Alexander v. Jefferson County Jail · filed 2020-02-12(l)

Because there is no federal statute of limitations for actions brought under 42 U.S.C. § 1983, the statute of limitations for § 1983 actions is determined by the state’s general statute of limitations for personal injury actions. ... Thus, Alabama’s two-year statute of limitations applies to Alexander’s claims. See Ala. Code § 6-2-38(l); Holt v. Valls, 395 F. App’x 604, 606 (11th Cir. 2010).

Section 6-2-38(1) gives § 1983 actions brought in Alabama a two-year limitations period, measured from when the plaintiff knew or should have known of the injury and its cause.

McCullough v. The City of Montgomery, Alabama · filed 2020-07-07(1)

The statute of limitations for § 1983 actions brought in Alabama is two years from when the plaintiff “knew or should have known of his injury and its cause.” Burt v. Martin, 193 F. App’x 829, 830 (11th Cir. 2006); see Ala. Code § 6-2-38(1).

Section 6-2-38(l) supplies a two-year limitations period for § 1983 claims in Alabama because those claims borrow the state’s personal-injury limitations period.

Weatherington v. Dothan City Board of Education · filed 2020-12-28(l)

In Alabama – the forum state in which Weatherington has raised her claims – the governing limitations period is two years. Ala. Code § 6-2-38(l); Lufkin v. McCallum, 956 F.2d 1104, 1106 n. 2 (11th Cir. 1992). Accordingly, she was required to bring her claims within two years from the date the limitations period began to run.

Section 6-2-38 provides a two-year limitations period for personal-injury actions in Alabama, including the limitations period governing § 1983 claims brought there.

Hampton v. Tuskegee Alabama Sheriff Department (INMATE 2) · filed 2021-03-05

[Plaintiff’s] claim was brought in Alabama where the governing limitations period is two years.

Section 6-2-38 supplies a two-year limitations period for § 1983 claims brought in Alabama.

Beaty v. H&W Tire & Auto (INMATE 1) · filed 2021-03-22

[The plaintiff’s] claim was brought in Alabama where the governing limitations period is two years. Ala. Code § 6-2-38; Jones v. Preuit & Mauldin, 876 F.2d 1480, 1483 (11th Cir. 1989) (en banc).

Section 6-2-38(l) provides a two-year limitations period for personal-injury claims in Alabama, including § 1983 claims.

Hawkins v. Wexford Health Sources, Inc. (INMATE 1) · filed 2021-04-23(l)

The claims presented in the instant complaint are subject to the statute of limitations applicable to a federal civil action filed by an inmate under 42 U.S.C. § 1983. The governing statute of limitations for claims raised in §1983 actions is the forum state’s general or residual statute of limitations for personal injury actions. ... In Alabama, this limitations period is two years. McNair v. Allen, 515 F.3d 1168, 1173 (11th Cir. 2008); Ala. Code ' 6-2-38(l).

Section 6-2-38(l) provides a two-year statute of limitations for Alabama personal-injury torts.

Hunter v. Leeds, City of · filed 2021-08-11(l)

In Alabama, the statute of limitations for personal injury torts is two years.

Section 6-2-38(l) provides a two-year limitations period for personal-injury actions, which the court applies to related civil-rights claims.

Joe Daniel Holt, Jr. v. Baker · filed 2017-10-12(l)

In Alabama, the statute of limitations for a personal injury action is two years from the date that the action accrued.

Section 6-2-38(l) requires negligence and wantonness actions for personal injury not arising from contract to be brought within two years, with the period running from accrual at the injury rather than discovery.

Zurich American Insurance Company v. Walker · filed 2022-08-10(l)

The statute of limitations governing Mr. Blanchard’s negligence and wantonness claims is two years. See Ala. Code § 6-2-38(l) (“All actions for any injury to the person or rights of another not arising from contract and not specifically enumerated in this section must be brought within two years.”); see also Ex parte Capstone Building Corp., 96 So. 3d 77, 88 (Ala. 2012) (“[W]antonness claims are governed by the two-year statute of limitations now embodied in § 6-2-38(l).”); Davison v. Pogue, 735 So. 2d 1240, 1242 (Ala. Civ. App. 1999) (“[The] two-year limitations period applies to actions based upon collisions arising from alleged negligence in the operation of a motor vehicle.”).

Section 6-2-38 sets a two-year statute of limitations for personal-injury actions in Alabama, including § 1983 claims treated as tort actions.

Smith v. Hamm (DEATH PENALTY) · filed 2022-10-16

“All constitutional claims brought under §1983 are tort actions, subject to the statute of limitations governing personal injury actions in the state where the § 1983 action has been brought.” ... In Alabama, the statute of limitations applicable to personal injury actions is two years. ... Therefore, for Smith’s Eighth Amendment claim to be timely, it must have been brought within two years of its accrual.

Section 6-2-38 provides a two-year limitations period for personal-injury actions, which governs the timeliness of Smith’s § 1983 Eighth Amendment claim.

Smith v. Hamm (DEATH PENALTY) · filed 2022-11-09

In Alabama, the statute of limitations applicable to personal injury actions is two years. Ala. Code § 6-2-38. Therefore, for Smith’s Eighth Amendment claim to be timely, it must have been brought within two years of its accrual.

Section 6-2-38 provides a two-year residual statute of limitations for personal-injury actions in Alabama.

Mitchell v. State of Alabama DHR · filed 2023-05-08

Alabama’s residual personal injury statute of limitations is two years.

Subsection (l) imposes a two-year limitations period on personal-injury and other noncontract actions not otherwise enumerated, including the Rehabilitation Act claims here.

Doe v. RHOC Inc · filed 2023-11-07(l)

In this case, the most analogous limitations period is Alabama’s two-year statute of limitations for personal injury actions. See Ala. Code § 6-2-38(l) (“All actions for any injury to the person or rights of another not arising from contract and not specifically enumerated in this section must be brought within two years.”). Thus, the statute of limitations in Alabama for all claims under the Rehabilitation Act is two years.

Section 6-2-38(1) imposes a two-year limitations period on personal-injury claims, which the court applied to the plaintiff’s federal and state claims.

Moore v. Hoover, City of · filed 2024-03-06(1)

Because Section 1983 claims are governed by the relevant state’s statute of limitations for personal injury actions, Owens v. Okure, 488 U.S. 235, 249-50 (1989), all of Mr. Moore’s claims—under both federal and state law—have a two-year limitations period. See Ala. Code § 6-2-38(1).

Section 6-2-38(l) requires actions for injury to a person or another's rights, when not arising from contract or specifically enumerated, to be brought within two years.

Taylor v. City of Mobile Police Department · filed 2024-04-23(l)

To the extent the operative complaint asserts claims under Alabama law, they all appear based on injury to Taylor from the incident, and are thus subject to the same 2-year statute of limitations. See Ala. Code § 6-2-38(l) (“All actions for any injury to the person or rights of another not arising from contract and not specifically enumerated in this section must be brought within two years.”).

Section 6-2-38(l) requires actions for personal injury or injury to another’s rights that do not arise from contract and are not otherwise enumerated to be brought within two years.

Zurich American Insurance Company v. Walker · filed 2024-06-11(l)

The limitations period here is two years for Blanchard’s claims against Walker. See Ala. Code § 6-2-38(l) (“All actions for any injury to the person or rights of another not arising from contract and not specifically enumerated in this section must be brought within two years.”); Davison v. Pogue, 735 So. 2d 1240, 1242 (Ala. Civ. App. 1999) (“[The] two-year limitations period applies to actions based upon collisions arising from alleged negligence in the operation of a motor vehicle.”).

Section 6-2-38 provides a two-year limitations period for the Alabama tort and personal-injury claims at issue.

Jerido v. Booth (INMATE 1) · filed 2024-08-20

The governing limitations period in Alabama is two years. See McNair, 515 F.3d at 1173 (citing Ala. Code § 6-2-38; Jones v. Preuit & Mauldin, 876 F.2d 1480, 1483 (11th Cir. 1989)).

Section 6-2-38(l) requires tort-based personal-injury and products-liability actions to be filed within two years, with accrual at the first manifest legal injury rather than when the injury's full extent or cause is discovered.

Mack v. CooperSurgical, Inc. · filed 2024-10-04(l)

For tort-based products liability actions like this one, the applicable statute of limitations under Alabama law is two years.

Section 6-2-38(l) provides a two-year limitations period for personal-injury torts in Alabama, which supplies the limitations period for § 1983 claims.

Bean v. Fike (INMATE 1) · filed 2025-04-14(l)

“The statute of limitations for a § 1983 claim is measured by limitations periods for personal-injury torts in the state where the action is brought—which, in Alabama, is two years, see Ala. Code § 6-2-38(l).”

Section 6-2-38 supplies a two-year limitations period for the plaintiff’s § 1983 action, running from when he suffered the injury and knew who inflicted it.

Fremont v. Fredricks · filed 2025-05-06

As previously explained to Plaintiff, his § 1983 action is subject to Alabama’s two-year statute of limitations period. McNair v. Allen, 515 F.3d 1168, 1173 (11th Cir. 2008); see also Ala. Code § 6-2-38. The statutory limitations period begins to run at the time he suffered the injury that forms the basis of his complaint and when he knows who inflicted the injury. Chappell v. Rich, 340 F.3d 1279, 1283 (11th Cir. 2003). Here, that is when he was “illegally medicated” in 2016.

Section 6-2-38(l) provides a two-year limitations period for residual personal-injury claims, running from accrual of the cause of action.

Nowell v. Johnson · filed 2025-08-08(l)

In Alabama, the residual personal injury limitation period is two years from the date the cause of action accrues.

Subsection (l) supplies a two-year limitations period for personal-injury claims in Alabama, including § 1983 claims governed by Alabama’s limitations period.

Bridges v. J.C. Poe, Jr. · filed 2025-10-17(l)

And because the state applies a two-year statute of limitations to personal-injury claims, that limitation period governs. See Ala. Code § 6-2-38(l).

Section 6-2-38(l) provides a two-year limitations period for § 1983 actions filed in Alabama, while federal law determines when the claim accrues.

Moncrief · filed 2025-11-21(l)

Although Alabama law provides the two-year statute of limitations for Count II, “[f]ederal law determines when a federal civil rights claim accrues.”

Section 6-2-38(l) requires personal-injury actions not arising from contract or otherwise specifically enumerated to be brought within two years, including negligence claims arising from motor-vehicle collisions.

Zurich American Insurance Company v. Walker · filed 2025-12-22(l)

Under Alabama law, 5 a person injured in a car accident has two years to sue for damages. See Ala. Code § 6-2-38(l) (“All actions for any injury to the person or rights of another not arising from contract and not specifically enumerated in this section must be brought within two years.”); Davison v. Pogue, 735 So. 2d 1240, 1242 (Ala. Civ. App. 1999) (“[The] two-year limitations period applies to actions based upon collisions arising from alleged negligence in the operation of a motor vehicle.”).

Section 6-2-38(l) supplies a two-year limitations period for § 1983 actions brought in Alabama.

Perkins · filed 2026-02-09(l)

“[T]he two-year limitations period of Ala. Code § 6-2-38(l) applies to section 1983 actions in Alabama.”

Section 6-2-38(a)'s two-year limitations period applies as Alabama's analogous limitations period to Title IX claims.

Johnson v. Tuskegee University · filed 2026-02-13(a)

In Alabama, the most closely analogous injury to a Title IX injury is a common law personal injury tort, see id., which has a two-year statute of limitations, see Ala. Code § 6-2-38(a).

Section 6-2-38 provides a two-year limitations period for the personal-injury limitations rule governing § 1983 claims in Alabama.

Halsey · filed 2026-04-17

The governing limitations period in Alabama is two years. Id. (citing Ala. Code § 6-2-38; Jones v. Preuit & Mauldin, 876 F.2d 1480, 1483 (11th Cir. 1989)).

Section 6-2-38(l) requires actions for injury to another’s person or rights that do not arise from contract and are not otherwise enumerated to be brought within two years.

Crockett · filed 2026-05-05(l)

The court also notes that if Crockett’s fraud claim is based on an alleged fraud or misrepresentation at the time she executed the Mortgage, or when it was it is securitized, that claim is barred by the statute of limitations. See Ala. Code § 6-2-38 (l) (1975) (“All actions for any injury to the person or rights of another not arising from contract and not specifically enumerated in this section must be brought within two years.”)

Section 6-2-38 sets a two-year limitations period for personal-injury and tort actions in Alabama.

Kennamer v. City of Guntersville, Alabama · filed 2026-06-23

Under 42 U.S.C. § 1983, the applicable (and borrowed) statute of limitations is two years, the period set for personal injury/tort actions in Alabama.

Section 6-2-38(c)'s two-year residual personal-injury limitations period begins when damages are first sustained; a continuing injury alone does not postpone accrual absent repeated tortious conduct.

Haynie v. Howmedica Osteonics Corp. · filed 2000-10-20(c)

The parties agree that the relevant limitations period is two years. Ala. Code § 6-2-38© (1975) (two-year residual personal injury limitations period); see also Reed v. Stempien, 475 So.2d 841, 842 (Ala.1985) (limitations period for derivative loss of consortium claim is same as claim from which it is derived). Defendant contends that the cause of action accrued, and the limitations period began to run, when defendant first became aware of knee pain and discomfort following the surgery, ie., sometime in late 1995. ... In conclusion, the Court finds that Mr. Haynie’s injury was not the result of a continuous tort. Consequently, the limitations period began to run on the date he first sustained damages, which was some time in late 1995. Since this action was not filed until August 1999 — more than two years later — it is barred by the statute of limitations. Accordingly, the motion for summary judgment is hereby GRANTED.

Section 6-2-38 requires actions for personal injury or injury to another's rights, when not arising from contract and not otherwise specifically enumerated, to be brought within two years.

Simmons v. Mobile Infirmary Medical Center · filed 2005-08-02

The Code of Alabama provides that “all actions for an injury to the person or rights of another not arising from contract and not specifically enumerated in this section must be brought within two years.” Ala.Code § 6-2-38®. Consequently, the applicable statute of limitations for a claim of assault is two years.

Subsection (l) provides a two-year limitations period for Alabama personal-injury actions, which the court applied as the limitations period for this § 1983 claim.

Joe Daniel Holt, Jr. v. Valls · filed 2010-09-07(l)

In Alabama, that statute of limitations is two years. See Ala. Code § 6-2-38(l). Because Holt filed this lawsuit on September 15, 2008, more than two years after the alleged unlawful seizure of his property on March 20, 2006, the Fourth Amendment claim he raises is barred by the statute of limitations.

Section 6-2-38(l) gives Alabama personal-injury actions a two-year statute of limitations, which governs constitutional claims brought under 42 U.S.C. § 1983 in Alabama.

Reeves v. Hamm (DEATH PENALTY) · filed 2020-08-04(l)

“All constitutional claims brought under § 1983 are tort actions, subject to the statute of limitations governing personal injury actions in the state where the § 1983 action has been brought,” McNair v. Allen, 515 F.3d 1168, 1173 (11th Cir. 2008). In Alabama, the statute of limitations applicable to personal injury actions is two years. West v. Warden, 869 F.3d 1289, 1298 (11th Cir. 2017) (citing McNair, 515 F.3d at 1173). See also, Ala. Code § 6-2-38(l).

Section 6-2-38(n) provides a two-year limitations period for negligence actions.

Randolph v. Tennessee Valley Authority · filed 1992-06-08(n)

This inexorably leads the court to the conclusion that the Alabama two-year statute of limitations for negligence actions, Ala.Code § 6-2-38(n) (1975), being the limitations period of the forum state, is the limitation applicable to this case.

Section 6-2-38(1) provides a two-year limitations period for § 1983 actions in Alabama.

Lufkin v. McCallum · filed 1990-11-13(1)

The Eleventh Circuit in Jones v. Preuit & Mauldin, 876 F.2d 1480 (11th Cir.1989), then followed Owens and held that the two years limitations period of Ala.Code § 6-2-38(1) applies to § 1983 actions in Alabama. ... The court finds that the limitations period established by Owens and by Preuit & Mauldin II should be enforced here, whether the application is described as “retroactive” or simply as a recognition of the original' intent of the Supreme Court in Wilson v. Garcia, 471 U.S. 261, 105 S.Ct. 1938, 85 L.Ed.2d 254 (1985), decided prior to Lufkin’s obtaining his legal advice.

Section 6-2-38(l) provides a two-year limitations period for personal-injury actions, which governs § 1983 and Title IX damages claims in Alabama.

Fick v. State Of Alabama · filed 2018-09-28(l)

“In Alabama, the governing limitations period for personal injury actions is two years. Compare Flood, supra, 263 F.Supp.3d at 1218 with McNair, 515 F.3d at 1173 and Ala.Code § 6-2-38; see also Hurt v. Shelby County Bd. of Educ., 198 F.Supp.3d 1293, 1315 (N.D. Ala. 2016) (“Both Title IX and section 1983 actions filed in this district are governed by Alabama’s personal injury statute of limitations, ALA.CODE § 6-2-38(l).”). Here, Fick’s claims involve purported conduct by the Defendants causing him damage for the period 1997 through 2001 (Doc. 35, at 2-3) and because he did not institute this action until 2018 (compare id. with Doc. 1 (initial complaint filed on January 9, 2018)), his claims against the Defendants are undeniably time-barred.”

Section 6-2-38 provides a two-year limitations period for actions based on fraud or deceit.

Parsons Steel, Inc. v. Beasley · filed 1988-03-04

The general statute of limitations for an action based on fraud or deceit, Ala. Code 1975, § 6-2-38, provides that any such action must be commenced within two years from the date of the fraud.

Section 6-2-38 provides a two-year limitations period for actions under 42 U.S.C. § 1983.

Holland v. Barton · filed 1992-05-29(Z)

The statute of limitations for an action under 42 U.S.C. § 1983 is two years. Morrow v. Town of Littleville, 576 So.2d 210 (Ala.1991) (following Owens v. Okure, 488 U.S. 235, 109 S.Ct. 573, 102 L.Ed.2d 594 (1989), and applying § 6-2-38(Z), Ala.Code 1975). Therefore, Holland’s action is barred by the statute of limitations.

Section 6-2-38 gives negligence and wantonness claims two years from the date of injury; discovery of the injury does not toll that period.

Henson v. Celtic Life Ins. Co. · filed 1993-06-04

The statutory period of limitations for negligence and wantonness actions, found at Ala. Code 1975, § 6-2-38, is two years from the date the injury occurred. ... There is, however, no "discovery rule" to toll the running of the limitations period with respect to negligence or wantonness actions; the "discovery rule" in Alabama is applicable only to fraud actions.

Section 6-2-38(l) imposes a two-year limitations period on § 1983 actions commenced in Alabama.

Woods v. Reeves · filed 1993-10-29(l)

Reeves contends that such claims are subject to the two-year limitations period set forth in Ala. Code 1975, §6-2-38(l), and, he insists, because more than two years elapsed between the time of the seizure of the currency and the filing of this action, the damages claims are barred. We agree. SeeMorrow v. Town of Littleville, 576 So.2d 210, 215 (Ala. 1991) (all § 1983 actions commenced in Alabama are subject to the two-year limitations period set forth in § 6-2-38(l)). Therefore, the judgment of the trial court, to the extent that it precludes damages, is affirmed.

A claim governed by § 6-2-38 accrues at the first legal injury, even if the full extent of damages is not yet apparent.

Mueller Co. v. Trambeam Corp. · filed 1997-03-21

A claim governed by the statute of limitations found in § 6-2-38, Ala.Code 1975, accrues when the plaintiff is entitled to maintain the action; i.e., “at the time of the first legal injury, regardless of whether the full amount of damages is apparent.”

Section 6-2-38 provides a two-year limitations period for fraud actions.

Hillcrest Center, Inc. v. Rone · filed 1997-11-14

The statutory limitations period for a fraud action is two years (Ala. Code 1975, § 6-2-38); therefore, this portion of the requested charge is misleading and a misstatement of Alabama law.

Section 6-2-38 gives negligence and wantonness claims a two-year limitations period.

Casassa v. Liberty Life Insurance · filed 1996-12-31

A negligence and/or wantonness cause of action is subject to a two-year statute of limitations. Ala.Code 1975, § 6-2-38.

Section 6-2-38 imposes a two-year limitations period on direct and respondeat superior negligence claims, running from when the claim accrues.

Booker v. United American Ins. Co. · filed 1997-05-02(l), (n)

Section 6-2-38, Ala. Code 1975, provides a two-year limitations period for claims alleging liability for negligence, whether the liability is direct or based upon the doctrine of respondeat superior.12 Thus, a plaintiff must bring a negligence action within two years of the time the action accrued. ... Because the Bookers filed their complaint in August 1993 — over two years after their claims accrued — their negligence and wantonness claims are time-barred.

The two-year limitations period for negligence and wantonness begins when the plaintiff first suffers a legal injury, even if greater damage appears later.

B & B PROPERTIES v. Dryvit Systems, Inc. · filed 1997-07-25

The two-year statutory limitations period applicable to the alleged negligent or wanton conduct began to run as soon as B & B was entitled to maintain an action, in March 1992.

Section 6-2-38(l) sets a two-year limitations period for negligence and wantonness claims, subject to the transition period for wantonness claims that accrued by June 3, 2011.

Anderson v. Tate & Lyle PLC · filed 2011-09-30(l)

Because Anderson’s negligence claims are subject to the two-year statute of limitations in § 6-2-38(l), in order for those claims to survive, Anderson’s amended complaint filed on August 9, 2010, must relate back to his original complaint filed on November 4, 2008. ... To resolve this discrepancy, this Court, in Ex parte Capstone Bldg. Corp., [Ms. 1090966, June *12233, 2011] (Ala.2011), overruled McKenzie to the extent it held that the six-year statute of limitations found in § 6-2-34(1) applied to a claim of wantonness and “reaf-fírm[ed] the proposition that wantonness claims are governed by the two-year statute of limitations now embodied in § 6-2-38(l).” We specified in Capstone, however, that “litigants whose causes of action have accrued on or before the date of this decision [i.e., June 3, 2011] shall have two years from today’s date to bring their action unless and to the extent that the time for filing their action under the six-year limitations period announced in McKenzie would expire sooner.” Because Anderson’s wantonness claims accrued on November 8, 2006, the six-year statute of limitations announced in McKenzie does not expire until November 8, 2012. Therefore, for purposes of his wantonness claims there is no relation-back issue and Anderson’s amended complaint filed on August 9, 2010, was timely filed.

Section 6-2-38(l) supplies a two-year limitations period for § 1983 actions in Alabama; a claim filed after that period is time-barred absent a basis for tolling.

Belue v. Benn · filed 2015-04-01(l)

He filed his lawsuit in August of 2013, approximately 18 years later, which is well beyond the two-year statute of limitations, and has failed to assert any reasons why the statute of limitations period should be tolled. Accordingly, his claims are time-barred.

Section 6-2-38(l) sets a two-year limitations period for negligence, nuisance, and wantonness claims.

Ex parte DuPont De Nemours, Inc. PETITION FOR WRIT OF MANDAMUS (In re: Water Works and Sewer Board of the City of Gadsden v. DuPont De Nemours, Inc.) (Etowah Circuit Court: CV-23-900332). · filed 2025-04-04(l)

The statute-of- limitations period for Gadsden Water's negligence, nuisance, and wantonness claims is two years. See § 6-2-38(l), Ala. Code 1975.

Section 6-2-38(l) provides a two-year limitations period for negligence claims.

Myers v. BBH PBMC, LLC, d/b/a Princeton Baptist Medical Center; Brookwood Baptist Health 2, LLC; and Healthcare Network Alabama, Inc. · filed 2025-08-29(l)

This is so because Myers's negligence claim accrued on December 12, 2018 -- the date of her alleged accident in Princeton Baptist Medical Center -- and, as a result, the statute-of-limitations period for her claim expired on December 12, 2020. See § 6-2-38(l), Ala. Code 1975 (providing a two-year statute of limitations for negligence claims).

Subsection (1) gives fraud and civil-conspiracy claims a two-year limitations period, while subsection (9) gives breach-of-contract claims a six-year period running from accrual, measured from the breach rather than resulting damage.

Ishler v. Commissioner · filed 2006-07-05(1), (9)

Plaintiffs fraud and civil conspiracy claims against Richardson, in his individual capacity, are barred by the applicable statutes of limitations. A fraud or conspiracy claim under Alabama law must be brought within two years of the date on which the claim accrues. Ala.Code § 6-2-38(1) (1975) (2005 Replacement Vol.). ... A breach of contract claim under Alabama law must be brought within six years of the date on which the claim accrues. Ala.Code § 6-2-38(9) (1975) (2005 Replacement Vol.). The claim accrues on the date the contract is breached, not the date on which the plaintiff sustains actual damage as a result of the breach.

Section 6-2-38(7) gives outrageous-conduct claims a two-year limitations period; for a continuous tort, the period runs from the last injury and recovery is limited to damages incurred within that period.

McMillian v. Johnson · filed 1995-01-17(7)

Under Alabama law the tort of outrageous is governed by the two year statute of limitations found in Alabama Code Section 6-2-38(l). ... This section of the Code of Alabama provides that “[a]ll actions for any injury to the person or rights of another not arising from contract and not specifically enumerated in this section must be brought within two years.” Ala.Code § 6-2-38(7) (1975). Where the outrageous acts of the defendant and the consequent injury occur repeatedly, the Supreme Court of Alabama characterizes the tort as a “continuous tort.” ... The statute of limitations on continuous torts begins to run on the last day on which the plaintiff was injured by defendants and expires after the statutorily prescribed time passes. ... Although the cause of action is still viable until the statutorily prescribed period is exhausted, the plaintiffs recovery for a continuous tort is limited to only those damages incurred within the period of limitations.

Section 6-2-38 gives AEMLD, negligence, wantonness, and conspiracy claims a two-year limitations period, which here began at addiction and ran anew for later injuries caused by subsequent cigarette sales.

Spain v. Brown and Williamson · filed 2004-03-29

The parties agree that the AEMLD, negligence, wantonness, and conspiracy claims are subject to a two year statute of limitations, Ala. Code § 6-2-38, and that the breach of implied warranty claim is subject to a four year statute of limitations, Ala. Code § 7-2-725. ... Therefore, applying a two year statute of limitations and the continuing tort doctrine together, the AEMLD, negligence, wantonness, and conspiracy claims arising more than two years before the date of her death are barred by the two year statute of limitations. Those that arose within two years of her death are not time-barred.

Section 6-2-38(l) provides a two-year limitations period for tort actions, including § 1983 claims brought in Alabama.

Vernon v. Deramus · filed 2024-12-09(l)

Alabama has a two-year statute of limitations for tort actions. Ala. Code § 6-2-38(l). The parties agree that the statute of limitations began running on April 21, 2022. (Doc. 4 ¶ 39; doc. 14 at 2; doc. 22 at 1–2). Two years from April 21, 2022 is April 21, 2024. But April 21, 2024 was a Sunday, so the limitations period actually expired on April 22, 2024. See Fed. R. Civ. P. 6(a)(1)(C). Plaintiffs filed their initial complaint on that date, tolling the limitations period. See Fed. R. Civ. P. 3 (“A civil action is commenced by filing a complaint with the court.”).

Section 6-2-38 imposes a two-year limitations period on tort claims, so claims arising from the 1985 stock valuation expired in December 1987.

Scott v. Evins · filed 1992-08-14

Any tort claims asserted against PWY would have a two year statute of limitations. Ala.Code § 6-2-38 (1991 Supp.). ... The applicable two year statute of limitations on the 1985 Agreement expired in December 1987. ... Suit was not filed until August 15, 1991.

Section 6-2-38's two-year period for negligence and wantonness claims begins when the plaintiff can first maintain an action; later increases in damage do not start a new period.

B B Properties v. Dryvit Systems, Inc. · filed 1962-07-05

The increase in the amount of damage from discoloration and blistering of paint to the eventual failure of the exterior system did not give rise to a new cause of action. The two-year statutory limitations period applicable to the alleged negligent or wanton conduct began to run as soon as B B was entitled to maintain an action, in March 1992.

Section 6-2-38 allows an action for a continuing tort to be filed within two years after the defendant’s last tortious act.

Continental Cas. Ins. Co. v. McDonald · filed 1990-06-22

Similarly, an action such as this, arising from continuing dealings between the parties, will not be barred until two years after the last tortious act by the defendant, particularly where the defendant's conduct does not cross the threshold and become an actionable tort until it is demonstrably extreme and outrageous.

Section 6-2-38(l) gives negligence, wantonness, and AEMLD claims two years from accrual; distinct defects causing separate injuries can have separate accrual dates.

Smith v. Medtronic, Inc. · filed 1992-08-28(l)

An action alleging negligence, wantonness, or liability under the AEMLD must be brought within two years after the cause of action accrued. See Ala. Code 1975, § 6-2-38(l). ... Under the particular facts of this case, although there are no Alabama cases directly on point or even factually similar, we find persuasive Smith's argument that the defective lead insulation and the defective lead wire were separate and distinct defects in the inactive lead for which two separate and distinct causes of action could have been maintained had injury occurred, with the limitations period beginning to run for each cause of action accordingly.

Section 6-2-38(n) gives a plaintiff two years from the first legal injury to bring a covered negligence claim, and a defendant seeking summary judgment on that limit must establish when the injury occurred.

Long v. Jefferson County · filed 1993-07-30(n)

Under Ala. Code 1975, § 6-2-38(n), "[a]ll actions commenced to recover damages for injury to the person or property of another where a principal or master is sought to be held liable for the act or conduct of his agent under the doctrine of respondeat superior . . . must be brought within two years" after the cause of action has accrued. A negligence cause of action accrues as soon as the plaintiff is entitled to maintain the action, i.e., at the time of the first legal injury, regardless of whether the full amount of damages is apparent. Watson,Watson, Rutland Architects, Inc. v. Montgomery County Bd. ofEduc., 559 So.2d 168 (Ala. 1990); Garrett v. Raytheon Co.,368 So.2d 516 (Ala. 1979). The record in the present case shows that the plaintiffs' negligence cause of action accrued sometime in October 1987, when the ground around their house began to sink. The plaintiffs filed this action on October 25, 1989. By not introducing evidence of the day in October 1987 on which the damage to the plaintiffs' property first occurred, the county failed to make a prima facie showing that it was entitled to a judgment as a matter of law on the negligence claim based on the statute of limitations.

Section 6-2-38(l) gives conspiracy claims a two-year limitations period that begins when the resulting property damage is discovered.

Rumford v. Valley Pest Control, Inc. · filed 1993-09-24(l)

In Count XII of their amended complaint, the Rumfords allege that Valley, Dinges, and the Rawlinses conspired to produce a false termite letter at closing. This cause of action is also governed by the two-year statute of limitations. § 6-2-38(l). However, like the negligence and wantonness claims, this cause of action did not accrue until the Rumfords discovered the damage to their house.

Section 6-2-38 gives a plaintiff two years to bring a negligent procurement claim, beginning when the insurer refuses to honor the claim after a covered loss.

Bush v. Ford Life Ins. Co. · filed 1996-07-19

The statute of limitations applicable to a negligence claim is two years. Ala.Code 1975, § 6-2-38. ... We agree with Mr. Bush that the cause of action for negligent procurement did not accrue until Ford Life notified him that it would not honor his claim.

The two-year limitations period for negligent failure to procure insurance begins when the loss occurs.

Kanellis v. Pacific Indem. Co. · filed 2005-05-27(l)

Applying the principles of Hickox and Bush to this case, we conclude that although the Pacific policy was issued to the Kanellises in June 2001, the "loss" that triggered the running of the pertinent two-year statute of limitations, Ala. Code 1975, §6-2-38(l), could have occurred no earlier than May 30, 2002, the date of the collision that damaged the Kanellises' Porsche.

Section 6-2-38 does not bar nuisance and negligence claims based on recurring methane migration when each recurrence gives rise to a new claim.

Baugus v. City of Florence · filed 2007-11-09

The landowners' tort claims of nuisance, negligence, and trespass accrue each time the City's maintenance and on-going operation of the landfill causes methane to migrate onto the landowners' property and, thus, those claims are not time-barred.

Section 6-2-38’s two-year period for a negligent mortgage satisfaction claim runs from the satisfaction of the mortgage.

Sanders v. Peoples Bank and Trust Co. · filed 2001-08-31

If it did so negligently, then its negligence occurred when it satisfied the mortgage, and that was more than two years before Sanders filed this action.

Section 6-2-38's two-year limitations period for a negligence-based indemnity claim does not begin until the party seeking indemnity is adjudged liable to the injured party.

Choice Builders v. Complete Landscape Serv. · filed 2006-08-18

Although the court in Stonebrook was interpreting § 6-5-221, Ala. Code 1975, it specifically noted that the operative principles behind that statute of limitations were the same as those under § 6-2-38, Ala. Code 1975, which contains the statute of limitations at issue in this case. ... CBI's indemnity action based on negligence against CLS would not accrue until the trial court adjudicated its liability to the Morins.

Section 6-2-38 gives a plaintiff two years to file a negligence action, measured from accrual; discovering the claim later does not toll that period.

Singer Asset Fin. Co. v. Connecticut Gen. Life Ins. Co. · filed 2007-06-01

The statutory limitations period for filing a negligence action is two years. § 6-2-38, Ala. Code 1975; Boyce v.Cassese, 941 So.2d 932 (Ala. 2006). The statute of limitations begins to run from the time the plaintiffs cause of action accrues, and there is no "discovery rule" for negligence claims that would toll the running of the statute of limitations from the time the cause of action was "discovered" by the plaintiff.

Section 6-2-38(l)’s two-year period for tort claims begins when the insured is put on notice of the policy’s coverage.

FARR v. the GULF AGENCY Et Al. · filed 2011-06-17(l)

The statute of limitations began to run on Farr’s alleged tort claims when Farr signed the application to Lexington for insurance coverage on March 29, 2004, and was effectively put on notice of the coverage. ... Therefore, the tort claims asserted in Farr’s complaint, filed more than three years after March 29, 2004, were barred by the two-year statute of limitations.

Section 6-2-38’s two-year limitations period for tort claims begins when the claim accrues; a claim for intentional infliction of emotional distress accrues when the plaintiff suffers severe distress.

Martin v. Hodges Chapel, LLC · filed 2011-12-16

Because the plaintiffs’ distress did not exist until May 2009, the trial court’s judgment as to the tort-of-outrage claim is also erroneous.

Section 6-2-38(m)’s two-year limit applies to each pro rata portion of a wage increase when that portion becomes due, even if the employer has until fiscal year-end to complete payment.

Jones v. Teel · filed 2012-07-27(m)

The employees’ second argument is that the trial court erred in concluding that § 6-2-38(m) barred the employees’ claims insofar as they accrued before August 5, 2007. Section 6-2-38(m) provides that “[a]ll actions for the recovery of wages, overtime, damages, fees, or penalties accruing under laws respecting the payment of wages, overtime, damages, fees, and penalties must be brought within two years.” ... However, the fact that the legislature fixed September 30, 2007, as the deadline for local boards to complete paying the salary increases for the 2006-2007 fiscal year does not mean that the legislature intended for local school boards to wait until September 30, 2007, to begin paying those salary increases. A pro rata portion of those salary increases would have been due before August 5, 2007. Therefore, we find no merit in the employees’ second argument.

Section 6-2-38(l) gives a negligence claim two years from the injury, even if the plaintiff has not yet discovered its cause, absent fraudulent concealment.

Utilities Board. of City of Opp v. Shuler Brothers, Inc. · filed 2013-06-21(l)

Shuler Brothers’ contentions about its lack of knowledge as to the cause of the damage and as to which party’s negligence caused the damage notwithstanding, because there is no allegation or evidence of fraudulent concealment in this case, Shuler Brothers’ arguments concerning the application of the “discovery rule” are unavailing.2 At the latest, the statute of limitations began to run on March 11, 2010. Therefore, Shuler Brothers’ negligence claim against the Utilities Board, which was filed more than two years later on March 27, 2012, is barred by the statute of limitations and should be dismissed.

Section 6-2-38(l)'s two-year limitations period begins when an injury is sustained; job loss caused by disclosure can start the period even if the underlying listing occurred earlier.

Collier v. Buckner · filed 2018-03-27(l)

Defendants' attempt to measure the running of the statute of limitations from any of those dates is without merit. The statute of limitations did not begin to run on Plaintiff Collier's claims for monetary relief until *1260she was injured by loss of employment due to DHR's disclosure of the "indicated" disposition to her employers.

Section 6-2-38(l)’s two-year limitations period is not delayed by later discovery of the product manufacturer’s identity.

Turner v. Ethicon, Inc. · filed 2020-07-29(l)

Second, even if Ms. Turner did not know Defendants’ identity until 2017, when she learned of Defendants’ identity is irrelevant to the statute of limitations inquiry.