Ala. Code § 6-2-38

Section 6-2-38(l) supplies the two-year limitations period for personal-injury actions, including § 1983 claims that borrow Alabama’s period.

Mann v. Darden · filed 2009-07-02(l)

The parties do not dispute that the statute of limitations for Mann’s § 1983 claim is two years. ... 1975 Ala. Code § 6—2—38(l) (providing for a two-year statute of limitations for personal-injury actions). ... Mann timely filed this action on August 22, 2007, the last day before the statute would have run under Alabama law.

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

Stuart v. Jefferson County Department of Human Resources · filed 2005-10-06

Although the elements are the same under Title VII and § 1983, Stuart’s claims under § 1983 do not involve the same procedural requirements. In particular, the applicable statute of limitations under § 1983 follows the statute of limitations applicable in the state in which the conduct occurred, which, in Alabama, is two years. See Ala. Code § 6-2-38 (2004); Lufkin v. McCallum, 956 F.2d 1104 (11th Cir. 1992). Stuart filed his complaint on September 11, 2002, making the June 2001 and June 2002 claims timely.

Section 6-2-38(c) imposes a two-year limitations period on fraud-based claims, including fraudulent-inducement claims.

Cork v. Marriott International, Inc. · filed 2006-02-28(c)

The Alabama statute of limitations for claims based upon the fraudulent inducement of employment is two years. Ala. Code § 6-2-38(0 (1993). ... It is not necessary that a plaintiff have actual knowledge that all of the alleged misrepresentations were false before the statute of limitations begins to accrue. ... For these reasons, the Court finds that Plaintiff has not satisfied her burden of producing substantial evidence which creates a genuine issue of material fact as to whether her claims are barred by the statute of limitations. Because Plaintiff has admitted to having actual knowledge that most of Mr. Novia’s alleged misrepresentations were false and such knowledge would have “invok[ed] inquiry in the mind of a [person] of reasonable prudence,” the Court finds as a matter of law that the limitations period for Plaintiffs claims accrued prior to September 10, 2002. ... Therefore, Plaintiffs claims are barred by the statute of limitations and Defendants’ motion for summary judgment is due to be granted.

Section 6-2-38 imposes a two-year limitations period on tort claims, running here from the claims’ accrual in May 2006.

Johnson v. UNUM Provident · filed 2009-12-30

These are tort claims, subject to Alabama’s two-year statute of limitations. Ala. Code § 6-2-38. We conclude that they accrued in May 2006, when Unum notified Johnson that it would take no further action on his claim. Johnson filed his complaint in this case in October 2008, after the two-year statute of limitations had run. He does not contend that tolling extends the limitation period. Therefore, the court did not err in dismissing these claims because they were barred by the statute of limitations.

Subsection (l) provides a two-year statute of limitations for the plaintiff’s claim.

Muhammad v. Bethel · filed 2011-05-18(l)

Muhammad’s claim is governed by Alabama’s two-year statute of limitations under Ala. Code § 6-2-38(l).

Section 6-2-38(l) gives fraud claims a two-year statute of limitations.

Kinsey v. CenturyTel · filed 2012-09-21(l)

A claim for fraud, under Alabama law, has a two-year statute of limitations, see Ala. Code § 6-2-38(l), which begins accruing upon “the discovery by the aggrieved party of the fact constituting the fraud,” Ala. Code § 6-2-3. ... Here, discovery of the fraud occurred when Kinsey received his telephone bills in April, May, and June 2009. However, Kinsey did not file his initial complaint until more than two years later on October 17, 2011. Thus, we hold that the district court did not err because the statute of limitations barred Kinsey’s complaint, even assuming that it contained sufficient facts to state a claim.

Section 6-2-38(i) requires actions alleging fraud, wantonness, and malice to be brought within two years.

Summerlin v. Shellpoint Mortgage Services · filed 2016-02-29(i)

“An action alleging fraud is subject to a two-year statute of limitations.” ... “ ‘The two-year period does not start to run until the plaintiff has actual knowledge of facts that would.. .put a reasonable person on notice of the fraud.’ ” ... Here, Plaintiff admits that the alleged “fraud occurred in May 2008,” and she did not file her Complaint until December 2014. ... Accordingly, Plaintiffs fraud claim is clearly time-barred.

Section 6-2-38(1) imposes a two-year statute of limitations on negligence and Alabama Extended Manufacturer’s Liability claims.

Goldthrip v. DePuy Orthopaedics, Inc. · filed 2016-11-28(1)

In Alabama, a two-year statute of limitations period applies to the claims at issue here, negligence and Alabama Extended Manufacturer’s Liability claims. See Ala. Code § 6-2-38(1) (1975); Smith v. Medtronic, Inc., 607 So. 2d 156, 159 (Ala. 1992).

Section 6-2-38 supplies a two-year limitations period for this § 1983 claim, running from when the plaintiff knew or should have known of the injury.

Arthur v. Commissioner, Alabama Department of Corrections · filed 2017-05-24

The parties agree that Arthur’s § 1983 cell-phone-viewing-room claim is subject to a two-year statute of limitations. Powell v. Thomas, 643 F.3d 1300, 1303 (11th Cir. 2011) (per curiam); Ala. Code § 6-2-38. ... But regardless of whether this claim is best analyzed under the method-of-execution or the aecess-to-courts framework, the statute of limitations began to run when the ADOC regulation at issue was enacted, because at that point Arthur knew or should have known of the injury for which he seeks relief. ... Thus, the district court did not err in determining that Arthur’s § 1983 access-to-courts claim based on ADOC’s telephone restriction was barred on its face by Alabama’s two-year statute of limitations.

Section 6-2-38(i) imposes a two-year statute of limitations on negligence claims.

Hooper v. City of Montgomery · filed 2007-03-16(i)

In Alabama, the statute of limitations on a negligence claim is two years. ... Because Wilson’s conduct in the latter regard occurred in or around 1999, the court agrees with Defendants that Hooper’s negligence claim predicated on these aver-ments is barred by the statute of limitations. ... Wilson’s alleged public dissemination of Hooper’s personnel file occurred on or about July 15, 2004, and, therefore, occurred within two years of the filing of the complaint on July 12, 2006. Accordingly, because the statute of limitations does not pose a bar, the court finds that Defendants’ motion to dismiss Hooper’s negligence claim predicated on these allegations is due to be denied.

Section 6-2-38(l) imposes a two-year limitations period on fraud and negligent failure-to-perform-warranty claims.

Ala. Teachers Credit Union v. Design Build Concepts, Inc. · filed 2018-08-10(l)

Alabama Code § 6-2-34(9) provides a six-year limitations period for ATCU's breach of warranty claims directly against IBT, and § 6-2-38(l) provides a two-year limitations period for ATCU's claims directly against IBT for fraud and negligent failure to perform warranty obligations.

Section 6-2-38(l) imposes a two-year limitations period, and administrative grievances or agency proceedings do not toll that period.

Perez v. University of South Alabama · filed 2019-08-15(l)

As shown by the previous discussion, Mr. Perez’s claims against the University of South Alabama were subject to the two-year limitations period specified in Section 6-2-38(l) of the Alabama Code, but they accrued over two and a half years before plaintiff filed the Complaint.

Section 6-2-38's two-year limitations period did not defeat Willingham's negligence claim at the remand stage because the age-based tolling exception could apply, and the limitations defense was common to both defendants.

Alred v. Preferred Compounding Corp · filed 2020-01-28

Defendants’ argument fails for three reasons. First, by failing to respond to Plaintiffs’ argument that the statute was tolled, Defendants have waived whatever argument they might have had against Plaintiff Willingham. Second, there is “a possibility that a state court would find” that Alabama’s age exception applies to Plaintiff Willingham and thus his negligence claim is not time barred. Crowe, 113 F.3d at 1538. The court interprets Defendants’ silence on the issue to be an acknowledgment that Plaintiffs are, in fact, correct.

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

Motley v. Taylor · filed 2020-03-31(l)

Because Plaintiff filed a claim under 42 U.S.C. § 1983 in Alabama, she is subject to a two-year statute of limitations.

Section 6-2-38 supplies Alabama’s two-year limitations period for § 1983 claims because they are treated as personal-injury tort actions.

Jones v. Ivey (INMATE 1) · filed 2020-04-22

[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 provides a two-year limitations period for personal-injury claims, including § 1983 constitutional claims brought in Alabama.

Rodgers v. Whitley (INMATE 2) · filed 2021-03-31

[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(l) provides a two-year limitations period for personal-injury claims, including constitutional claims brought under 42 U.S.C. § 1983 in Alabama.

Billingsley v. Baldwin (INMATE 1) · filed 2021-05-06(l)

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). ... [The plaintiff’s] claim was brought in Alabama where the governing limitations period is two years. ... Ala. Code § 6-2-38; Billingsley 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(l) provides a two-year limitations period for actions alleging constitutional violations.

Parks v. Alabama Board of Pharmacy (CONSENT) · filed 2021-06-22(l)

“In Alabama, the statute of limitations in an action for alleged constitutional violations is two years.”

Subsection (l) provides a two-year statute of limitations for § 1983 actions in Alabama.

Burrell v. Warden I · filed 2021-08-25(l)

Further, Burrell is not barred from refiling his case, as the two-year statute of limitations for a § 1983 action in Alabama has not yet run. See id.

Section 6-2-38(1) imposes a two-year limitations period on claims brought under 42 U.S.C. § 1983.

Powell v. Dunn · filed 2022-03-01(1)

Under Alabama law, claims brought pursuant to 42 U.S.C. § 1983 are subject to a two-year statute of limitations.

Section 6-2-38(l) imposes a two-year statute of limitations for personal injury actions, including the claims at issue.

Shuler v. Liberty Duke · filed 2019-11-15(l)

Plaintiffs’ section 1983 claims are subject to Alabama’s two-year statute of limitations for personal injury actions. See Ala. Code § 6-2-38(l); Wallace v. Kato, 549 U.S. 384, 394 (2007) (in section 1983 actions, federal courts refer typically to state law to determine the applicable statute of limitations and tolling rules).

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

Motley v. Taylor · filed 2022-05-12(l)

The parties agree that, because Motley filed her claim under 42 U.S.C. § 1983 in Alabama, the applicable statute of limitations period is two years. See Ala. Code § 6-2-38(l); McNair v. Allen, 515 F.3d 1168, 1173 (11th Cir. 2008).

Section 6-2-38 supplies Alabama’s two-year limitations period for personal-injury actions, which governs § 1983 claims brought in Alabama.

Flagg v. King (INMATE 1) · filed 2022-08-24

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) imposes a two-year limitations period on personal-injury and rights-based claims not arising from contract or otherwise specifically enumerated.

Gibbons v. Dekalb County Sheriff · filed 2023-03-27(l)

Section 1983 does not have its own limitation period, so federal courts apply the forum state’s statute of limitations for personal injury actions. See Owens v. Okure, 488 U.S. 235, 236, 249–50 (1989). In Alabama, the statute of limitations for personal injury claims is two years. Ala. Code § 6-2-38(l);9 see also Files v. Kilgore, 2018 WL 1598951, *4 (N.D. Ala. Jan. 29, 2018) (citing Wallace v. Kato, 549 U.S. 384, 390 (2007)) (noting that false arrest and false imprisonment claims must be brought within two years in Alabama). Therefore, Mr. Gibbons’s claims for false arrest and imprisonment, malicious prosecution, and abuse of process are subject to a two-year statute of limitations.

Section 6-2-38(l) provides a two-year limitations period for personal-injury actions, including claims asserted under 42 U.S.C. § 1983.

Stewart v. Turner · filed 2023-06-29(l)

Alabama’s general statute of limitations for personal injury actions and, thus, for a claim asserted under § 1983, is two years.

Section 6-2-38(l) supplies Alabama's two-year personal-injury limitations period, which governs § 1983 claims and the plaintiff's Alabama tort claims.

Files v. Toney · filed 2023-08-09(l)

In Alabama, “that limitations period is two years.” Powell v. Thomas, 643 F.3d 1300, 1303 (11th Cir. 2011) (citing Jones v. Preuit & Mauldin, 876 F.2d 1480, 1483 (11th Cir. 1989) (“The two-year limitations period ... applies to section 1983 actions in Alabama.”) (internal alterations omitted)); Ala. Code § 6-2-38(l).

Subsection (l) provides a two-year statute of limitations for tort claims, including § 1983 claims filed in Alabama.

Reed v. Strickland (MAG+) · filed 2023-08-15(l)

A § 1983 claim filed in Alabama is subject to a two year statute of limitations. Id.; see also Ala. Code § 6-2-38(l).

Section 6-2-38(l) imposes a two-year statute of limitations under Alabama law.

Danny Foster, Sr. v. Guillou · filed 2023-10-30(l)

The applicable statute of limitations period under Alabama law is two years. Ala. Code § 6-2-38(l). ... By waiting until February 2022 to file his initial complaint, Foster failed to meet the two-year statute of limitations period. His claims are thus untimely.

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

Files v. Pettway · filed 2024-01-03(l)

In Alabama, the general personal injury statute of limitations is two years. See Ala. Code § 6-2-38(l). This statute of limitations also applies to Files’ claims under § 1983 and Title II.

Subsection (l) imposes a two-year statute of limitations on claims brought under 42 U.S.C. § 1983 in Alabama.

Howell v. Baldwin County Board of Education · filed 2024-03-20(l)

In Alabama, a plaintiff who files a claim under 42 U.S.C. § 1983 is subject to a two-year statute of limitations.

Section 6-2-38(1) provides a one-year statute of limitations for the applicable products claim.

Daniel v. Sanofi S.A. · filed 2024-04-08(1)

One of Ms. Daniel’s product claims is subject to a one-year statute of limitations and the remainder of her products claims are subject to a two-year statute of limitations. See Spain v. Brown & Williamson Tobacco Corp., 230 F.3d 1300, 1305 (11th Cir. 2000); Ala. Code §§ 6-2-38(1), 8-19-14. Because Ms. Daniel did not file her complaint until 2016, her products claims are time barred, and the court WILL DISMISS Ms. Daniel’s product claims on that ground.

Section 6-2-38 supplies a two-year limitations period for § 1983 claims brought in Alabama when the applicable state period is the personal-injury limitations period.

Bigham v. Cherry (INMATE 4) · filed 2024-05-15

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. ... [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). ... The two-year limitations period for Bigham to bring a § 1983 claim based upon an allegedly false arrest thus began to run and expired well prior to the filing of the present action.

Section 6-2-38(l) imposes a two-year statute of limitations on negligence and wantonness claims.

Oliver v. Walmart Inc · filed 2024-07-23(l)

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

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

Nowell v. Johnson (INMATE 1) · filed 2024-10-08

“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.” ... 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)).

Subsection (l) sets a two-year limitations period, but a continuous-tort claim is not barred until two years after the defendant’s last tortious act.

Z.P. v. Bryant · filed 2024-12-16(l)

A two-year statute of limitations applies to Counts Two and Three. See Ala. Code § 6-2-38(l); Archie v. Enter. Hosp. & Nursing Home, 508 So. 2d 693, 695 (Ala. 1985). In general, Alabama law provides that the statute of limitations begins running on “the date the first legal injury occurs.” Ex parte McKesson Corp., 393 So. 3d 1180, 1199 (Ala. Dec. 22, 2023) (quotation marks omitted). However, Alabama also recognizes “continuous torts,” in which “a defendant’s repeated tortious conduct . . . has repeatedly and continuously injured a plaintiff.” Ex parte Abbott Lab’ys, 342 So. 3d 186, 195 (Ala. 2021) (emphasis omitted). When a defendant commits a continuous tort, a cause of action arising from that tort “will not be barred until two years after the last tortious act by the defendant.” Cont’l Cas. Ins. Co. v. McDonald, 567 So. 2d 1208, 1216 (Ala. 1990).

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

Chapman v. Dunn · filed 2025-02-25(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, see Wallace v. Kato, 549 U.S. 384, 387 (2007)—which, in Alabama, is two years, see Ala. Code § 6-2-38(l).

Section 6-2-38 provides a two-year statute of limitations for § 1983 actions in Alabama.

Fredricks · filed 2025-10-21

In Alabama, the statute of limitations for a § 1983 action is two years. ... Therefore, to have his claim heard, Plaintiff was required to bring the claim within two years from the date that the limitations period began to run.

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

Hathcock · filed 2026-01-22

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)). Accordingly, to have his claims heard, Plaintiff must have brought them within two years from the date the limitations period began to run, which is generally the date “the facts which would support a cause of action are apparent or should be apparent to a person with a reasonably prudent regard for his rights.”

Section 6-2-38 provides a two-year limitations period for personal-injury claims in Alabama, including constitutional claims brought under 42 U.S.C. § 1983.

Crenshaw · filed 2026-02-09

In Alabama, the 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 supplies a two-year limitations period for § 1983 personal-injury claims brought in Alabama.

King · filed 2026-02-17

Second, even if Atmore Hospital were a proper defendant under 42 U.S.C. § 1983, Plaintiff’s claims against it are barred by the statute of limitations. “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 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 provides a two-year limitations period for personal-injury claims in Alabama, including § 1983 claims.

Coats · filed 2026-03-24

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) provides a two-year limitations period for § 1983 claims in Alabama because it governs personal-injury actions.

Greene · filed 2026-03-30(l)

The applicable limitations period for personal-injury actions in Alabama is two years, see Ala. Code § 6-2-38(l), thereby making the statute of limitations two years for claims brought under § 1983.

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

Laddin Ex Rel. Liquidating Estate of Verilink Corp. v. Belden (In Re Verilink Corp.) · filed 2009-04-15

Under Alabama law, “[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®. Section 6-2-38® applies to all the tort claims against Raymond James, except for Count X for Fraudulent Inducement.

Section 6-2-38 requires a civil-conspiracy claim to be brought within two years after accrual.

Carn, III v. Todd · filed 2019-07-15

Moreover, pursuant to § 6-2-38 of the Code of Alabama, “a claim for civil conspiracy must be brought within two years of its accrual.” Eaton v. Unum Grp., No. 7:15-CV-01204-LSC, 2015 WL 5306185, at *4 (N.D. Ala. Sept. 10, 2015); Ala. Code § 6-2-38; Boyce v. Cassese, 941 So. 2d 932, 944 (Ala. 2006). ... Accordingly, the conspiracy claim accrued at the time of the transfer. Because that accrual occurred more than two years prior to the filing of this Adversary Proceeding, like Count I, Count II is also time barred.

Section 6-2-38(l) supplies a two-year limitations period for § 1983 claims brought in Alabama because it is the state personal-injury period.

King · filed 2025-11-18(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).” ... “In the amended complaint, should Plaintiff choose to amend, he must pursue only those claims that accrued within the two-year statute of limitations.”

Section 6-2-38 is the two-year statute that covers actions formerly governed by Alabama's repealed one-year statute, § 6-2-39.

Free v. Granger · filed 1989-11-14

The one year statute of limitations for negligence claims in Alabama, which was the applicable limitations period when the plaintiff’s cause of action arose, has since been repealed. The actions governed by the former one-year statute, section 6-2-39 have been transferred to Section 6-2-38, the two-year statute. See atibarte erf Alabama/Fultondale v. Tricor Energies, Inc., 493 So.2d 1344, 1346 n. 1 (Ala.1986).

Section 6-2-38 provides a two-year limitations period applicable to negligent-repair claims.

Mask v. Chrysler Corp. · filed 1993-06-16

It is clear, therefore, that there is no viable claim for negligent repair against either named dealership under Alabama’s two year statute of limitations. Ala.Code § 6-2-38 (1992 Supp.).

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

Miles v. Whaley · filed 1994-06-07

Under Alabama law, the statute of limitations on a negligence claim is two years. ... Therefore, Mr. and Mrs. Miles’ amending their Complaint on November 29, 1993, to include claims against Logging, Inc. was within the statute of limitations.

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

Andalusia City Board of Education v. Andress · filed 1996-02-09(i)

The Eleventh Circuit has applied Alabama’s two-year personal injury statute of limitations, as provided in Ala.Code § 6-2-38(i), to claims brought under 42 U.S.C. § 1983. ... Thus, in the present action, the court finds that the two-year statute of limitations should be applied to the defendants’ claim brought pursuant to § 1983. Furthermore, based on the reasoning above, the court finds that it should adopt this same statute of limitations for the defendant’s claims brought pursuant to § 504 of the Rehabilitation Act.

Section 6-2-38(1) supplies a two-year limitations period for Alabama claims brought under 42 U.S.C. § 1983, so claims arising before the two-year cutoff are barred absent an exception.

Anderson-Free v. Steptoe · filed 1997-02-27(1)

Claims brought in Alabama and arising under 42 U.S.C. § 1983 are subject to a two-year personal injury statute of limitations. See Lufkin v. McCallum, 956 F.2d 1104, 1105 (11th Cir.1992); Ala.Code § 6-2-38(1) (Supp.1989). Plaintiffs filed the instant complaint on May 12, 1995, and, therefore, absent some exception, any claims arising prior to May 12, 1993, would indeed be barred.

Section 6-2-38(a) imposes a two-year limitations period that barred the plaintiffs’ suppression claim against the distributor defendants.

Wakeland v. Brown & Williamson Tobacco Corp. · filed 1998-03-05(a)

Clearly, however, any suppression claim of the nature found in the complaint is barred by the two-year statute of limitations imposed by Alabama law. Ala.Code § 6-2-38(a) (1975); Casassa v. Liberty Life Ins. Co., 949 F.Supp. 825, 828 (M.D.Ala.1996). ... Because any claim of suppression against the Distributor defendants would be barred by the applicable statute of limitations, there is no possibility that plaintiffs could prevail on the claim.

Section 6-2-38(l) provides a two-year limitations period for the negligence and wantonness claims at issue, while fraud claims are governed separately by the discovery rule.

Whitlock v. Jackson National Life Insurance · filed 1998-10-21(l)

Plaintiffs’ claims against the Resident Defendants are subject to a two-year statute of limitations. See Ala.Code § 6-2-38(l) (Supp.1997); ... Because the injury occurred on April 20, 1994, the court finds that the statute of limitations for these claims ran on April 20, 1996, unless an exception to the general rule applies.

Section 6-2-38(1) imposes a two-year limitations period on claims for injury to a person or another's rights that do not arise from contract and are not otherwise enumerated.

Shufford v. Integon Indemnity Corp. · filed 1999-11-04(1)

Under Alabama law, the statute of limitations for “[a]ll claims for an injury to the person or rights of another not arising from contract and not specifically enumerated in this section” is two years. 1975 Ala.Code § 6-2-38(1). Because all of Shufford’s tort claims are subject to this time limitation, the only remaining issue is when the limitations period begins to run on each claim.

Section 6-2-38(a) provides a two-year statute of limitations for the state-law claims at issue.

Chazen v. Deloitte & Touche, LLP · filed 2003-02-28(a)

Alabama law provides a two-year statute of limitations for the state claims. See Ala.Code § 6-2-38(a); Kelly v. Connecticut Mut. Life Ins. Co., 628 So.2d 454, 458-60 (Ala.1993) (granting summary judgment based on two-year statute of limitations for fraud and suppression); Ala.Code § 8-6-19 (providing two-year statute of limitations for state securities claims). Chazen concedes that his claims accrued, at the very latest, by January 27, 1998, when he alleges that he knew of “the facts giving rise to the claims asserted.” Compl. ¶ 17. See Kelly, 628 So.2d at 460 (fraud claims accrue when the plaintiff “discovers or should have discovered the fraud”); Ala.Code § 6-2-3 (fraud claim). Because plaintiff did not file this action until February 2002, absent tolling of the statute of limitations, the state law claims are all barred.

Section 6-2-38 provides a two-year limitations period for non-enumerated claims seeking injury to a person or another’s rights.

Labauve v. Olin Corp. · filed 2005-11-10

The claims for negligence, absolute liability, strict liability, nuisance, conspiracy, intentional representation, fraud and fraudulent concealment, and equitable and constructive fraud are all subject to a two-year limitations period under Alabama law. See Ala.Code § 6-2-38(0 (setting catch-all two-year limitations period for non-enumerated claims for injury to person or rights of another); Saxton v. ACF Industries, Inc., 239 F.3d 1209, 1212 (11th Cir.2001) (“Under Alabama law, the statute of limitations for general tort claims is two years.”); Thompson v. Vaughn, 592 So.2d 585, 587 (Ala.1992) (explaining that plaintiffs’ negligence and fraud claims were barred by two-year statute of limitations).

Section 6-2-38 supplies a two-year limitations period for Alabama negligence and strict-liability claims.

In Re Vioxx Products Liability Litigation · filed 2007-03-22

The Edmonds’ negligence and strict liability claims are subject to a two-year limitations period in Alabama. See Ridling v. Armstrong World, 627 F.Supp. 1057, 1061—62 (S.D.Ala.1986) (noting that the one-year limitations period of Ala.Code § 6-5-502 was voided by Lankford v. Sullivan, Long & Hagerty, 416 So.2d 996 (Ala.1982), and applying a two-year statute of limitations located in Ala.Code § 6-2-38 and § 6-2-30(b)).

Section 6-2-38(l) gives tort-of-outrage claims a two-year statute of limitations.

Strange v. Travelers Indemnity Co. · filed 2012-04-04(l)

Alabama, which recognizes the tort of outrage under severely limited circumstances, has a two-year statute of limitations for the tort. ... The court, having notified the parties of the dispositive issue upon which there probably was no dispute of material fact, and a reasonable time having elapsed since the giving of the said notice, and Strange not having presented any evidence whatsoever to support any tort of outrage that accrued within the two years before May 31, 2011, the action will dismissed by separate order, pursuant to the bar of the statute of limitations and Rule 56(f)(3), F.R.Civ.P., which allows the court to act on its own initiative under the circumstances that here exist.

Section 6-2-38(1) provides a two-year limitations period for the state-law negligence claim at issue.

Tomberlin v. Clark · filed 2014-02-19(1)

The limitations period for the state law claims of negligence and malicious prosecution is also two years. Ala.Code § 6-2-38(1), (h).

Section 6-2-38 requires personal-injury or rights-based tort actions not arising from contract to be filed within two years, with the period running from the first legal injury rather than discovery of the injury.

Collins v. Davol, Inc. · filed 2014-11-04

In Alabama, “[a]ll actions for any injury to the person or rights of another not arising from contract ... must be brought within two years.” Ala.Code § 6-2-38. The statute of limitations begins to run when the cause of action accrues. AIa.Code § 6-2-30(a). “A cause of action ‘accrues’ as soon as the party in whose favor it arises is entitled to maintain an action thereon.” Smith v. Medtronic, Inc., 607 So.2d 156, 159 (Ala.1992) (citing Garrett v. Raytheon Co., 368 So.2d 516 (Ala.1979)). More specifically, “[a] party has a cause of action, and the statute of limitations begins to run, on the date the first legal injury occurs, but not necessarily from the date of the act causing the injury.” Id. (citing Brotherhood of Locomotive Firemen & Enginemen v. Hammett, 273 Ala. 397, 140 So.2d 832 (1962)). “At the time of the first legal injury, -the period of limitations begins to run, whether or not the full amount of damages is apparent.” Id. (citing Garrett, 368 So.2d at 519; Stephens v. Creel, 429 So.2d 278 (Ala.1983); 51 Am. Jur. 2d. Limitations of Actions § 135 (1970); Atkins v. Am. Motors Corp., 335 So.2d 134 (Ala.1976)). Critically here, under Alabama law, a tort cause of action stemming from a defective medical device accrues when the medical device fails and injures the recipient of the device. Pfizer, Inc. v. Farsian, 682 So.2d 405, 408 (Ala.1996). In other words, the event that triggered the statute of limitations for the plaintiffs’ non-fraud and ADT-PA tort claims is when the Kugel Patch injured Mr. Collins, not when he learned of the device’s failure.

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

Reece v. Intuitive Surgical, Inc. · filed 2014-12-09(Z)

Consequently, the two-year statute of limitations in Alabama Code § 6-2-38(i) governs the Reeces’ personal injury claims rather than the one-year statute of limitations in Tennessee Code § 28-3-104(a)(1) to which the TLPA refers in § 29-28-103(a).

Section 6-2-38(i) gives fraud and fraudulent-inducement claims a two-year limitations period that begins when facts would cause a reasonably prudent person to investigate and discover the fraud.

Sirmon v. Wyndham Vacation Resorts, Inc. · filed 2013-02-04(i)

Alabama’s statute of limitations for claims based upon fraud or fraudulent inducement is two years. See Ala.Code § 6-2-38(i); Liberty Nat’l Life Ins. Co. v. Parker, 703 So.2d 307, 308 (Ala.1997) (citing Ala.Code § 6-2-38(0) (“The statute of limitations for fraud actions generally allows two years for filing a claim.”). The two-year limitations period begins to run when a plaintiff is privy to facts which would “provoke inquiry in the mind of a [person] of reasonable prudence, and which, if followed up, would have led to the discovery of the fraud.”

Section 6-2-38(l) bars a fraud claim filed more than two years after the plaintiff learns the facts underlying it.

Clay v. River Landing Corp. · filed 1992-06-26(l)

The complaint in this case was filed in October 1990, over two years after Clay had learned that there was no money set aside for the maintenance of the common areas of the condominiums. Therefore, Clay's fraud claim is barred by the statute of limitations and, therefore, the summary judgments were proper as to that claim. See Ala. Code 1975, § 6-2-38(l).

Section 6-2-38(l) gives a fraud claim a two-year limitations period, measured from when the injured party discovers or should have discovered the alleged fraud.

Woodall v. Alfa Mut. Ins. Co. · filed 1995-01-13(l)

Alfa argues that if this Court does determine that a fact question is presented on this fraud claim, we should still uphold the summary judgment for Alfa because, Alfa argues, this claim was barred by the applicable two-year statute of limitations, Ala. Code 1975, § 6-2-38(l). However, a fraud claim does not accrue until the injured party discovers or should have discovered the facts constituting the alleged fraud. Ala. Code 1975, § 6-2-3. ... This action was filed well within the two-year period.

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

Alfa Mut. Fire Ins. Co. v. Payton · filed 1997-10-10(a)

The statute of limitations for fraud claims is two years. §6-2-38(a), Ala. Code 1975.

Section 6-2-38(l) requires a fraud claim to be brought within two years of its accrual.

Auto-Owners Ins. Co. v. Abston · filed 2001-12-14(l)

In Alabama, any fraud claim must be brought within two years of the accrual of the claim. Ala. Code 1975, § 6-2-38(l).

Section 6-2-38 provides a two-year limitations period for negligence and AEMLD tort claims.

Spain v. Brown & Williamson Tobacco Corp. · filed 2003-06-30

The relevant inquiry turns upon whether Carolyn could have filed an action at the time of her death against the manufacturers alleging negligence or claims under the AEMLD that would not have been barred by the two-year statute of limitations applicable to all of the tort claims set forth in the complaint. See § 6-2-38, Ala.Code 1975.

Section 6-2-38(l) gives a plaintiff two years after accrual to bring a fraud claim.

Jones v. Kassouf & Co., PC · filed 2006-07-21(l)

Fraud actions are subject to a two-year statute of limitations. ... When examined under these "objective standards," Abston, 822 So.2d at 1195, the doctors' fraud claims against Kassouf are time-barred.

Section 6-2-38(k) requires libel and slander actions to be brought within two years of publication; a distinct republication can give rise to a timely claim.

Hollander v. Nichols · filed 2009-03-20(k)

Under § 6-2-38(k), Ala.Code 1975, “[a]ll actions of libel or slander must be brought within two years.” ... Thus, under Poff, the only defamation claim that could have been timely filed in this case is the claim based on the publication that occurred in the small-claims action; however, as noted, Hollander cannot recover for that defamation claim because the Nichols defendants were privileged to make that publication.

Section 6-2-38 provides a two-year limitations period for negligence, nuisance, and strict liability claims.

Abrams v. Ciba Specialty Chemicals Corp. · filed 2009-10-01

The applicable limitations period for the negligence, nuisance, and strict liability claims is two years.

Section 6-2-38 provides a two-year limitations period for wantonness claims sounding in tort that do not involve personal injury.

Alabama Central Credit Union v. CUMIS INSURANCE SOCIETY INC. · filed 2011-04-08

As such, without any controlling authority to mandate a different result, the court finds these claims are controlled by the two-year statute of limitations at § 6-2-38.

Section 6-2-38(1) gives fraud claims a two-year limitations period.

McCall v. Household Finance Corp. · filed 2013-03-01(1)

Nevertheless, any claim of fraud is barred by the applicable two-year statute of limitations as the complaint affirmatively shows the misrepresentation, if any, occurred in 1996. See *837§ 6-2-38(1), Ala.Code 1975.

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

Grayson v. Dunn · filed 2016-11-18

The statute of limitations for a constitutional challenge to the ADOC’s consciousness assessment is two years. See Alabama Code § 6-2-38 (1975); McNair, 515 F.3d at 1173. Thus, Smith had to file any Eighth Amendment claim challenging the consciousness assessment by October of 2009, but he delayed filing this lawsuit until April 15, 2016.

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

Smith v. Warden · filed 2016-12-07

The applicable limitations period in Alabama is two ... years. See Ala. Code § 6-2-38 (establishing a two-year statute of limitations for personal injury actions).

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

Doe v. Marshall · filed 2019-02-11(l)

Because Plaintiffs filed a claim under 42 U.S.C. § 1983 in Alabama, they are subject to a two-year statute of limitations.

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

Barnes v. City of Opelika, Alabama · filed 2022-11-30(l)

In Alabama, there is a two-year statute of limitations for claims brought under the Equal Protection Clause of the Fourteenth Amendment, as enforced through 18 U.S.C. § 1983. Lufkin v. McCallum, 956 F.2d 1104, 1106 & n.2 (11th Cir. 1992) (noting that the proper statute of limitations for § 1983 claim is the forum state's general statute of limitations for personal injury cases and that Alabama's statute of limitations is two years); see also Ala. Code § 6-2-38(l) (“[A]ctions 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 statute of limitations for breach-of-fiduciary-duty claims, measured from accrual.

Maples v. Klein · filed 2020-03-27(l)

Third, although Alabama’s statute of limitations for breach of fiduciary duty claims is two years from the date a cause of action accrues, see Hensley v. Poole, 910 So. 2d 96, 101 (Ala. 2005) (citing Ala. Code § 6-2-38(l)), federal law provides that a trustee of a bankrupt entity may bring a claim either within the ordinary state-governed statutory period or within two years from the bankruptcy court’s entry of the order of relief.

Section 6-2-38(l) gives breach-of-fiduciary-duty claims a two-year limitations period.

Davis v. Dorsey · filed 2007-07-06(l)

However, Dorsey raises a statute-of-limitations defense. There is a two-year statute of limitations on a cause of action for breach of fiduciary duty. Hensley v. Poole, 910 So.2d 96, 101 (Ala.2005); Sys. Dynamics Int’l, Inc. v. Boykin, 683 So.2d 419 (Ala.1996); 1975 Ala.Code § 6-2-38(l). Dorsey argues that, because the promissory note was executed in 1990, Davis’s claim arising from it is time-barred.

Section 6-2-38 gives a corporation two years to bring a breach of fiduciary duty claim against an officer or director, beginning when the corporation sustains injury.

SYSTEM DYNAMICS INTERN., INC. v. Boykin · filed 1996-10-18

The applicable limitations period for a claim alleging breach of fiduciary duty by a corporate officer and director is two years, pursuant to Ala. Code 1975, § 6-2-38. ... The act of paying money to Boykin as CEO of SDI did not result in injury or damage to SDI until the assessment by the IRS on July 23, 1992. It was at this time that SDI's cause of action accrued and the two-year limitations period began to run.

Section 6-2-38(l) gives two years to bring a breach of fiduciary duty claim, beginning when the trustee-beneficiary fiduciary relationship ends.

McCormack v. AmSouth Bank, NA · filed 1999-07-02(l)

The statute of limitations applicable to a case alleging a breach of fiduciary duty allows two years to file the action. § 6-2-38(l). See also Tonsmeire v. AmSouth Bank, 659 So.2d 601, 604 (Ala.1995). Further, the statutory period begins to run at the point when the fiduciary relationship between the trustee and the beneficiary is terminated.

Section 6-2-38(l) gives two years to sue for breach of fiduciary duty, and earlier wrongful acts are barred even when later acts remain actionable.

Hensley v. Poole · filed 2005-04-08(l)

As to Jo Ellen's conduct, on her own or through Gold Rush, occurring outside the two-year statute of limitations governing this case, the trial court erred in finding her liable for such conduct. As to her conduct occurring within the statutory period of limitations, however, the trial court did not err in finding her liable.

Section 6-2-38’s two-year limitations period does not bar an estate’s breach-of-fiduciary-duty or squeeze-out/oppression claim for injuries to the estate when the estate sues within two years of becoming a shareholder and the challenged conduct.

Robbins v. Sanders · filed 2004-04-30

Robbins argues that the claims asserted by the estates that are not derivative claims are barred by the two-year statute of limitations found in § 6-2-38, Ala. Code 1975. ... Thus, the issue to be considered is when the minority shareholders had knowledge of, or had reason to know of, the activities that resulted in their alleged injuries. ... Therefore, the estates' claims of breach of fiduciary duty and squeeze-out/oppression were not time-barred to the extent those claims sought to recover damages for injuries occurring to the estates and not to the decedents.

Section 6-2-38(l) imposes a two-year statute of limitations on intentional-interference claims.

Prudential Mutual Fund Services LLC v. Meredith · filed 2021-07-22(l)

Because intentional interference is an intentional tort, Alabama’s two-year statute of limitations applies. See Ala. Code § 6-2-38(l).

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

Johnson v. Marshall County Alabama · filed 2022-01-27(k)

A two-year limitations period also controls claims for defamation under Alabama state law. See Ala. Code § 6-2-38(k) (“All actions of libel or slander must be brought within two years.”); Hollander v. Nichols, 19 So. 3d 184, 194–96 (Ala. 2009) (applying a two-year statute of limitations to defamation claims).

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

King v. The Southern Poverty Law Center, Inc. · filed 2023-04-24(k)

Under Alabama law, the statute of limitations on 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.” Poff v. Hayes, 763 So. 2d 234, 242 (Ala. 2000); see also Harris v. Winter, 379 So. 2d 588, 590 (Ala. 1980) (“It is the law of Alabama that a cause of action for libel accrues when the libelous matter is published.” (citations omitted)).

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

Williams v. WKRG 5 · filed 2023-10-16(k)

Under Alabama law, the statute of limitations on 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(k) requires libel or slander actions to be brought within two years, with the limitations period running from publication.

Holt v. Gray Television Inc · filed 2024-09-20(k)

Ala. Code § 6-2-38(k) (“All actions of libel or slander must be brought within two years.”); see Poff v. Hayes, 763 So. 2d 234, 242 (Ala. 2000). ... The statute of limitations period began to run when the allegedly defamatory statement was published by Defendants, which Plaintiff himself alleges was on January 7, 2021. Therefore, Plaintiff ran out of time to file this lawsuit two years later on January 7, 2023.

Section 6-2-38(c) provides a two-year limitations period for actions for injury to a person or another's rights that do not arise from contract and are not otherwise enumerated, while subsection (n) covers damages for personal injury against a principal or master under respondeat superior.

Dooley v. AutoNation USA Corp. · filed 2002-08-21(c) and (n)

Although the AADEA is silent as to the limitations period applicable to plaintiffs claim, the statutory period of limitations for plaintiffs claim is two years. See 1975 Ala.Code §§ 6-2-38© (“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”) and (n) (“actions commenced to recover damages for injury to the person ... wherein a principal or master is sought to be held liable ... under the doctrine of respondeat superior must be brought within two years”).

Section 6-2-38 provides a two-year limitations period for Alabama personal-injury claims, which the court applies as the limitations period for § 1981 claims.

Robinson v. Regions Financial Corp. · filed 2003-01-03

In Alabama, the statute of limitations for personal injury claims is two years. 1975 Ala.Code § 6-2-38. Thus, a plaintiff making a claim under § 1981 must file her complaint within two years of the alleged discriminatory act.

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

Barnes v. City of Dothan · filed 2011-07-06

All § 1983 claims are tort claims, and as such are subject to the statute of limitations governing personal injury actions in the state where the § 1983 action has been brought. ... As Barnes brought her § 1983 claims in Alabama, that state’s two year statute of limitations on personal injury suits is applicable to this case. Ala.Code § 6-2-38 (1975). ... Barnes filed her complaint in the Houston County, Alabama Circuit Court on February 28, 2011, days before the statute of limitations on her § 1983 claims would expire. Accordingly, her claims are not time barred, and the Defendant’s motions to dismiss are due to be DENIED on this basis.

Section 6-2-38(l) provides a residual two-year limitations period for personal-injury actions not arising from contract and not specifically covered elsewhere, but a specifically applicable one-year period displaces it.

Johnson v. Southern Energy Homes, Inc. · filed 2005-05-23(l)

Ala.Code § 6-2-38(Z) is Alabama’s “residual personal-injury statute of limitations, which requires that ‘[a]ll actions for any injury to the person or rights of another not arising from contract and not specifically enumerated’ elsewhere in the Code ‘must be brought within two years.’ ” Smith v. Evans, 829 So.2d 774, 776 (Ala.Civ.App.2002) quoting Ala.Code § 6-2-38(Z) (1975) and citing Lott v. Tarver, 741 So.2d 394, 397 (Ala.1999). Clearly, if applicable, the one-year statute of limitations explicitly set forth in § 6-5-502 would apply to the exclusion of the residual two-year period provided by § 6 — 2—38(Z).

Section 6-2-38 supplies Alabama’s two-year limitations period for a tort claim when the foreign state’s limitations period is procedural rather than built into the statute creating the cause of action.

Johnson v. BPS Direct LLC · filed 2020-11-02

In sum, under Alabama conflict of law rules, Tennessee’s 1-year statute of limitation cannot apply unless it is built into the same statute that Johnson bases her claims on. Because Johnson bases her claims on common law, not Tennessee statutes, Tennessee’s time-bar is a procedural statute of limitation that cannot apply. Instead, Alabama’s 2-year statute of limitation applies. Because Johnson filed this case less than two years after her fall, her claims are not time barred.

Section 6-2-38(l) requires actions for injuries to a person or another's rights that are not based on contract and are not otherwise enumerated to be brought within two years, and that period applies to § 1983 claims in Alabama.

Harper v. City of Valley, Alabama, et al. · filed 2026-03-16(l)

The relevant statute of limitations in Alabama is two years. 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 Jones v. Preuit & Mauldin, 876 F.2d 1480, 1483 (11th Cir. 1989) (“[T]he two-year limitations period of Ala. Code § 6-2-38(l) applies to [§] 1983 claims in Alabama.”).

Section 6-2-38(l) imposes a two-year limitations period on negligence, nuisance, strict-liability, and wantonness claims.

Bridgett Watson Adams, et al. v. 3M Company · filed 2026-04-20(l)

Under Alabama law, a two-year statute of limitations applies to Plaintiffs’ claims for negligence, nuisance, strict liability, and wantonness. See Ala. Code § 6-2-38(l).

Section 6-2-38 generally gives two years to bring a personal-injury action not arising from contract, measured from the injury giving rise to the claim.

McGuffie v. Mead Corp. · filed 2014-02-21

The Alabama statute of limitations that generally applies to negligence claims provides that actions for personal injury must be filed not later than two years after the date of the injury giving rise to the cause of action.

Section 6-2-38(1) requires personal injury actions to be brought within two years of the occurrence causing the injury.

Williams v. Capps Trailer Sales · filed 1991-08-09(1)

Generally, actions based on personal injury must be brought within two years of the occurrence that caused the injury.

Section 6-2-38 sets a two-year limitations period for personal injury claims based on willful or wanton conduct.

Roberts v. Cochran · filed 1995-02-17

Roberts, by amendment, added Cochran to the action after the two-year statutory limitations period for personal injury actions based on allegations of willful or wanton conduct would have expired. See Ala. Code 1975, § 6-2-38.

Section 6-2-38(l) bars a products liability action filed more than two years after the injury.

Denton v. Sam Blount, Inc. · filed 1995-10-20(l)

Because the Dentons filed their action more than two years after the date of Mr. Denton's injuries, their action is barred by § 6-2-38(l).

Section 6-2-38(k) or (l) gives each of the alleged claims a two-year limitations period running from the date of the alleged injuries.

Jennings v. City of Huntsville · filed 1996-03-15(k), (l)

Each of Jennings’s allegations is subject to a two-year statute of limitations. Ala.Code 1975, § 6-2-38, sets out the causes of action on which an action must be brought within two years after their accrual, and we find all of Jennings’s allegations come within the ambit of § 6-2-38(k) or (l). Further, we find Jennings’s contention that several of his claims are subject to a longer limitations period to be without merit or precedent.

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

Callens v. Jefferson County Nursing Home · filed 2000-02-11(l)

Although a claim alleging personal injury is subject to a two-year statute of limitations, § 6-2-38(l), Ala. Code 1975, the personal-injury claims stated in Callens's amended complaint relate back to the date she filed her original complaint because the allegations in the amended complaint arise out of the same "conduct, transaction, or occurrence" as the claims stated in the original complaint.

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

Nelson v. Estate of Frederick · filed 2003-02-21(l)

The statute of limitations for personal-injury actions is two years. § 6-2-38(Z), Ala.Code 1975.

Section 6-2-38(m) treats cost-of-living adjustments as wages and bars recovery of adjustments owed for periods more than two years before suit was filed.

Jefferson County v. Suzanne Birchfield. · filed 2011-06-17(m)

Accordingly, we conclude that COLAs constitute “wages” for purposes of § 6-2-38(m). Consequently, § 6-2-38(m) barred Birchfield from recovering any COLAs she may have been owed for periods more than two years before she filed her action.

Section 6-2-38(l) gives a malicious-prosecution claim two years from accrual to be filed.

Skinner v. Bevans · filed 2012-12-21(l)

We also note that none of Skinner’s counterclaims was barred by a statute of limitations. “Compulsory counterclaims are not defeated by general statutes of limitation,” 1 Lyons & Howell, supra § 13.11 at 373, and Skinner’s sole permissive counterclaim, the malicious-prosecution counterclaim, was filed on January 11, 2011 — within two years of the date it accrued or matured on June 18, 2010, see § 6-2-38(l).

Section 6-2-38(h) gives a plaintiff two years to bring a malicious-prosecution action.

McConico v. Patterson · filed 2016-03-11(h)

The statutory limitations period applicable to actions alleging malicious prosecution is two years. § 6-2-38(h), Ala.Code 1975. Because McConico filed her claim of malicious prosecution within two years of the earliest date the claim could have accrued, that claim cannot be time-barred and the judgment dismissing the claim cannot be affirmed on that basis.

Section 6-2-38 extends Alabama's limitations period to two years for tort actions, and the new period applies when enacted before the prior period barred the claim.

Durham v. Business Management Associates · filed 1988-06-23

A recent statutory provision, Ala.Code § 6-2-38, extends the limitations period to two years for tort actions. Appellants allege that the statute does not apply retroactively, and that the previous one-year statute of limitations should apply to the common law fraud and negligence claims. We disagree. When a new statute of limitations is enacted before a cause of action is barred by the previous statute of limitations, the statute in effect at the time the action is commenced applies. Tyson v. Johns-Manville Sales Corp., 399 So.2d 263, 269 (Ala.1981). Accordingly, the question of which limitations period controls will depend on when the appellees discovered or should have discovered the alleged fraud.

Section 6-2-38's two-year limitations period does not revive a claim that was already barred before the section took effect.

Jones v. Preuit & Mauldin · filed 1989-06-20(i)

The general rule under Alabama law is that the statute of limitations in effect at the time an action is brought applies. ... The two-year limitations period does not apply to plaintiff’s claim under Alabama law because plaintiff’s action was already barred on January 9, 1985, the date Ala.Code § 6 — 2—38(Z) became effective. ... Thus, the one-year period of Ala. Code § 6-2-39(a)(5) (repealed) applies unless it conflicts with federal policy.

Section 6-2-38(l) requires actions for injury to a person or another's rights that are not based on contract and are not specifically enumerated to be brought within two years of accrual.

Park Center Inc. v. Champion International Corp. · filed 1992-09-28(l)

Defendant alleges that all of Plaintiffs’ causes of action are barred by the Alabama Statute of Limitations, namely title 6, section 2-38 of the Alabama Code, which enumerates a series of causes of action to which it applies, not including fraud, negligence, wantonness, recklessness, and nuisance. As to those causes of action, the statute provides as follows: ... Commencement of Actions — Two Years ... (I) All actions for 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(l) (1985). ... The limitations period begins to run after the cause of action accrues, Ala.Code § 6-2-30 (1985), which is on the date the party in whose favor the cause of action arises is entitled to maintain an action thereon. ... Here, Plaintiffs first began to suffer injury from the paneling which, unbeknownst to Plaintiffs, contained volatile lupuna wood, in February, 1984. Not having filed this action within two years of that date, Plaintiffs’ claims are thus time-barred unless section 2-3 tolls the statute of limitations. ... Therefore, whether Plaintiffs’claims are barred by the statute of limitations is a question for the jury. Accordingly, Defendant’s motion for summary judgment as to the statute of limitations is hereby DENIED.

Section 6-2-38(1) requires Alabama personal-injury actions to be brought within two years of the alleged harm.

Lester v. TWITCHELL, DIV. OF LUDLOW, INC. · filed 1995-06-13(1)

In Alabama, a personal injury action must be brought within two years of the alleged harm. Ala.Code § 6-2-38(1) (1975).

Section 6-2-38(1) requires personal injury actions, including borrowed limitations claims under § 1983, to be brought within two years of the alleged harm.

Parrish v. City of Opp, Alabama · filed 1995-08-25(1)

This section provides that a personal injury action must be brought within two years of the alleged harm. Ala.Code § 6-2-38(1) (1975).

Section 6-2-38(c) imposes a two-year statute of limitations on § 1981 actions in Alabama.

Madison v. BP Oil Co. · filed 1996-05-30(c)

There is no dispute that the two-year statute of limitations period of Ala.Code § 6-2-38© applies to § 1981 actions in Alabama. See Jones v. Preuit & Mauldin, 876 F.2d 1480, 1483 (11th Cir.1989). A § 1981 cause of action accrued on the date Madison was discharged, September 19, 1993, and expired two years later on September 19, 1995.

Subsection (1) requires personal-injury actions, including § 1983 claims, to be brought within two years of the alleged harm.

DeVaughn v. City of Clanton, Ala. · filed 1997-10-22(1)

Since § 1983 does not contain a statute of limitations, the court must look to state law for the appropriate limitations period; in this case, Alabama. ... For the purpose of selecting the proper state limitations period, a § 1983 claim should be characterized as an action for personal injuries. ... A claim brought under § 1983 is subject to the limitations period set forth in § 6-2-38(1) of the Alabama Code. ... This section provides that a personal injury action must be brought within two years of the alleged harm. Ala.Code § 6-2-38(1) (1975).

Section 6-2-38(l) provides a two-year limitations period that the court applies as the most analogous Alabama period for an IDEA attorneys’-fees action involving a parent’s rights.

Dickerson Ex Rel. Ingram v. Brodgen · filed 1999-11-24(l)

The court borrows section 6-2-38(l), which specifically addresses the “rights of another,” because it is the most analogous state statute to the case at hand — Dickerson’s right under the IDEA to seek reimbursement of attorneys’ fees she paid to ensure that her son was provided with a free, appropriate public education.

Subsection (l) gives negligence, wantonness, and related tort claims a two-year deadline.

Spearman v. Wyndham Vacation Resorts, Inc. · filed 2014-11-10(l)

Wyndham contends that all of the Plaintiffs’ claims based on negligence and wantonness are barred by the statute of limitations. Alabama provides a two year statute of limitations for each of these claims. Ala.Code § 6-2-38(l). Therefore, if the Plaintiffs’ claims are based on injuries that accrued prior to November 18, 2009, they are barred by the statute of limitations.

Section 6-2-38 allows a representative two years to bring a wrongful-death action; a defendant added after that period must be brought in through an amendment that relates back.

Merritt v. Cosby · filed 1991-02-15(a)

This addition of Cosby as a party defendant was doneafter the two-year statutory period of limitations allowed for "[a]n action by a representative to recover damages for wrongful act, omission or negligence causing the death of the decedent." Ala. Code 1975, § 6-2-38. Therefore, in order for Merritt's action against Cosby not to be time-barred, the substitution must relate back under Rule 9(h), Ala.R.Civ.P., pursuant to Rule 15(c), Ala.R.Civ.P.

Section 6-2-38(l) provides a two-year limitations period for fraud actions following their transfer from the former one-year statute in 1985.

Hicks v. Globe Life and Acc. Ins. Co. · filed 1991-05-31(l)

The one-year statute, Ala.Code 1975, § 6-2-39, was repealed effective January 9, 1985, and fraud actions were on that date transferred to the two-year statute. Ala.Code 1975, § 6-2-38. Therefore, for purposes of the present appeal, the applicable period of limitations is two years.

Section 6-2-38(1) sets a two-year limitations period for fraud actions.

Weeks v. Mutual of New York · filed 1991-10-25(1)

The statute of limitations for fraud actions is two years. See Ala.Code 1975, § 6-2-38(1). ... Because the complaint was filed two years after Weeks received three of the notices and is deemed to have been put on notice of the fraud, the statute of limitations had expired.

Section 6-2-38(l) imposes a two-year limitations period on personal injury actions not arising from contract and not specifically enumerated in the section.

Etheredge v. Genie Industries, Inc. · filed 1994-02-18(l)

We hold that Ala.Code 1975, § 6-2-38(l), the catch-all provision, imposing a two-year limitations period on actions seeking damages for personal injury, is applicable in this case.

Section 6-2-38(l) imposes a two-year limit on claims for injury to a person or another’s rights, barring alleged acts that occurred more than two years before suit was filed.

Mardis v. Robbins Tire & Rubber Co. · filed 1995-11-03(l)

We hold that all acts that could be construed as acts of sexual harassment that occurred before December 2, 1990, are time-barred. Ala. Code 1975, §6-2-38(l). However, those acts that occurred between December 2, 1990, and December 5, 1990, are not barred by the statute of limitations.

Section 6-2-38(l) sets a two-year period from accrual for negligence, wantonness, outrage, breach of fiduciary duty, and civil conspiracy claims; claims accruing before its 1985 amendment were subject to the former one-year period.

Travis v. Ziter · filed 1996-07-12(l)

Actions alleging negligence, wantonness, the tort of outrage, breach of fiduciary duty, or civil conspiracy must be brought within two years after the accrual of the cause of action. § 6-2-38(l), Ala. Code 1975. ... However, with the exception of the Travises' assault and battery claims, the appropriate statutory limitations period would presumably be one year because those other claims accrued before 1985, the year in which the one-year limitations provision of § 6-2-39 was repealed and § 6-2-38 was amended to allow two years for filing claims formerly covered by § 6-2-39.See Burns v. Sealy Ins. Agency, Inc., 545 So.2d 763 (Ala. 1989).

Section 6-2-38 gives negligence and wantonness claims a two-year limitations period running from the date of injury.

Dorsey v. Bowers · filed 1998-01-09

The statute of limitations for negligence and wantonness actions is two years from the date the injury occurred. ... Therefore, we conclude that the Dorseys' action for negligence and wantonness accrued on the date of the second fire, November 27, 1993; therefore, the action was timely filed.

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

Reynolds v. American General Finance, Inc. · filed 2000-12-01(i)

An action alleging fraud is subject to a two-year statute of limitations. Ala. Code 1975, § 6-2-38 (i).

Section 6-2-38’s two-year period expired when the time before Albrecht was first named and the time after his dismissal together exceeded two years.

Norman v. Occupational Safety Ass'n of Alabama Workmen's Compensation Fund · filed 2001-06-29

Thus, the 22 months preceding the Fund's initial attempt to include Albrecht as a defendant, added to the 19 months that passed after Albrecht was dismissed, exceeded the two-year limitations period set forth in § 6-2-38, Ala. Code 1975.

Section 6-2-38 provides a two-year limitations period for injury-to-person actions not arising from contract.

Crowl v. Kayo Oil Co. · filed 2002-10-18

The statute of limitations for any injury to a person not arising from contract is two years. § 6-2-38, Ala. Code 1975.

Section 6-2-38(l) bars a fraud claim filed more than two years after the plaintiff knew facts that would put a reasonable person on notice of fraud.

Jim Walter Homes, Inc. v. Kendrick · filed 2001-07-13(l)

Kendrick's testimony clearly indicates that he "actually knew" in March 1995, if not before, of facts that would have put a reasonable person on notice of fraud and, yet, he did not sue for at least 32 months. Consequently, Kendrick's claim of fraud is barred, as a matter of law, by the statute of limitations.

Section 6-2-38(g) provides a two-year limitations period for an employee’s claim against a co-employee for willful removal of a machine safety guard.

Ex Parte Griffin · filed 2008-08-29(g)

The accident occurred on April 23, 2003, and Howard brought her action on June 27, 2003. The statute of limitations would have run on or about April 23, 2005, and Walter was substituted as a defendant on January 31, 2006, very shortly after Howard learned of Walter's alleged involvement.

Section 6-2-38’s two-year limitations period bars a products-liability claim against a defendant added after the period expires when the amendment does not relate back.

Poole v. General Motors Corp. · filed 2013-09-13

It is undisputed that on June 10, 2009, when Poole sought leave to add GM Canada, the two-year limitations period had expired. ... thus, the trial court had no discretion to do anything other than to grant GM Canada’s motion seeking a summary judgment in its favor on the statute-of-limitations ground.

Section 6-2-38(l) sets a two-year limitations period for tortious interference with business or contractual relationships.

Rotor Blade LLC v. Signature Utility Services LLC · filed 2021-06-23(l)

Alabama law provides a two-year statute of limitations for claims of tortious interference with business and contractual relations.

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

Ex parte INV Performance Surfaces, LLC 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 bad faith claims arising on or after January 9, 1985.

ALFA Mut. Ins. Co. v. Smith · filed 1989-02-17(l)

The statute of limitations for bad faith claims arising on or after January 9, 1985, is two years. Ala.Code 1975, § 6-2-38(l) (Cum.Supp.1987); Dumas v. Southern Guaranty Insurance Co., 408 So.2d 86 (Ala.1981). All bad faith claims accruing prior to that date had a one-year statute of limitations under Ala.Code 1975, § 6-2-39(a)(5) (repealed). Because this case arose in 1979, the one-year statute of limitations controls.

Section 6-2-38 provides a two-year limitations period for fraud claims, subject to the delayed discovery provision of § 6-2-3.

Shadrick v. Johnston · filed 1990-11-09

A fraud claim based on the alleged misrepresentation that the Sellers were not aware of any unstated accrued liabilities could be barred after the expiration of two years from that date under the limitations period of Ala.Code 1975, § 6-2-38, unless the Purchasers can come within the delayed discovery provision of § 6-2-3.

Section 6-2-38(l) supplies the two-year limitations period for § 1983 claims in Alabama.

Morrow v. Town of Littleville · filed 1991-02-15(l)

In Alabama, § 6-2-38(l), supra, is the statute of limitations applicable to a § 1983 claim.

Section 6-2-38(l) bars assault, battery, and outrageous conduct claims based on conduct that occurred many years before suit.

Wright v. Wright · filed 1995-01-13(l)

Mrs. Wright provided no evidence of an assault or a battery committed against her by Mr. Wright since 1981, and an action based on such torts occurring that far back is barred by the statute of limitations. Ala. Code 1975, § 6-2-38(l). ... As is the case with Mrs. Wright's assault and battery claims, a claim alleging outrageous conduct while they were living together or shortly after their separation in 1979 is barred by the statute of limitations. Ala. Code 1975, § 6-2-38(l).

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

Gorman v. Wood · filed 1995-05-26(l)

However, according to Morrow v. Town ofLittleville, 576 So.2d 210 (Ala. 1991) (citing Owens v. Okure,488 U.S. 235, 109 S.Ct. 573, 102 L.Ed.2d 594 (1989), and Wilsonv. Garcia, 471 U.S. 261, 105 S.Ct. 1938, 85 L.Ed.2d 254 (1985)), and Woods v. Reeves, 628 So.2d 563 (Ala. 1993), the only statute of limitations applicable to § 1983 claims in Alabama is the two-year statute of limitations in Ala. Code 1975, § 6-2-38(l).

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

Waldrup v. Hartford Life Insurance · filed 2008-03-17(1)

Under Alabama law, the statute of limitations applicable to plaintiffs’ fraud claims is two years. Ala.Code 1975 § 6-2-38(1).

Section 6-2-38(l) supplies the two-year limitations period for § 1983 claims in Alabama.

Ex Parte Davis · filed 2008-11-21(l)

Thus, when the amended complaint was filed, the newly asserted § 1983 claim against Davis and Isaacs was time-barred by the applicable two-year statute of limitations: "(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) supplies the two-year limitations period for § 1983 claims in Alabama.

Estate of Lee ex rel. Cutchen v. Jefferson Metropolitan Healthcare Authority · filed 2008-11-21(l)

Thus, when the amended complaint was filed, the newly asserted § 1983 claim against Davis and Isaacs was time-barred by the applicable two-year statute of limitations: “(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.”

Fraud claims are subject to a two-year limitations period.

Brooks v. Franklin Primary Health Center, Inc. · filed 2010-03-12(1)

Fraud claims are subject to a two-year statute of limitations. § 6-2-38(1), Ala.Code 1975.

Section 6-2-38(l) gives fraud claims a two-year limitations period, subject to the discovery rule; when the plaintiff discovered facts giving notice of fraud is generally a jury question.

Target Media Partners Operating Co. v. Specialty Marketing Corp. · filed 2013-09-06(l)

We first address Target Media and Leader’s argument that Specialty Marketing’s fraudulent-misrepresentation claim was barred by § 6-2-38(1), Ala.Code 1975, Alabama’s two-year statute of limitations for fraud claims. ... Under the facts of this ease, we conclude that the question of when Specialty Marketing discovered the facts that would have put it on notice of Target Media’s and Leader’s alleged fraud was a question appropriately resolved by the jury. Because the jury returned a verdict for Specialty Marketing as to its fraud claim, it is apparent that the jury concluded that Specialty Marketing’s fraudulent-misrepresentation claim was not barred by the statute of limitations.

Section 6-2-38(l) supplied the limitations period for beneficiary claims against trustees before Alabama adopted the Uniform Trust Code; § 19-3B-1005 governs those claims under the Code.

Ladd v. Stockham · filed 2016-03-25(l)

Another initial matter, which the parties do not directly address, is which statute of limitations applies in this case: both § 6—2—38(l), Ala.Code 1975, and § 19-3B-1005, Ala.Code 1975, are potentially applicable. ... Section 19-3B-1005, part of the Alabama Uniform Trust Code, specifically applies to actions brought by beneficiaries against trustees and is the applicable limitations statute in this case.

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

Jones v. Vill. At Lake Martin, LLC · filed 2018-01-12(l)

Initially, we note that the statute of limitations for claims based upon fraud is two years. See Ala. Code 1975, § 6-2-38(l ). ... Therefore, the trial court's summary judgment was not proper on the basis that the statute of limitations had run on the claim of fraudulent inducement.

Section 6-2-38(l) governs wantonness claims with a two-year limitations period; under the transition rule applied here, claims accruing by June 3, 2011 could be filed by June 3, 2013 unless the former six-year period expired sooner.

Beddingfield v. Mullins Ins. Co. · filed 2018-06-15(l)

Under Ex parte Capstone, because their claims accrued before June 3, 2011, the Beddingfields are correct that they had until June 3, 2013, to file suit, unless the six-year statute of limitations previously applied under Alabama law had expired earlier, which it did not in this case.

Section 6-2-38 sets a two-year limitations period for Alabama outrage claims.

Todd v. Hicks · filed 2021-04-23

The statutory period for bringing such a claim in Alabama is two years. ... Because Todd’s outrage claim arising from the August 14, 2018, interrogation occurred more than two years prior to the filing of this action on December 9, 2020, Todd rightly concedes that this claim is time-barred.

Section 6-2-38 supplies the two-year limitations period for Rehabilitation Act claims in Alabama.

McCoy v. Cypress Landing LP · filed 2022-02-15

Alabama’s two-year statute of limitations for personal injury actions applies to Rehabilitation Act claims. Horsley v. Univ. of Alabama, 564 F. App’x 1006, 1008 (11th Cir. 2014) (citing Ala. Code § 6–2–38).

Section 6-2-38’s two-year personal injury limitations period applies to § 1981 promotion claims that could have been brought before the 1991 amendments.

Brown v. Mercedes-Benz US International Inc · filed 2022-03-04

In Alabama, the most analogous statute of limitations is the two-year personal injury statute of limitations contained in Ala. Code § 6-2-38. ... Consequently, Brown’s § 1981 claims are subject to a two-year statute of limitations, and her claims concerning activity before October 26, 2016, are time-barred.

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

Birmingham, City of v. Trane US Inc · filed 2023-02-06

Alabama law subjects fraud claims to a two-year statute of limitations.

An amended fraud claim arising from the same facts as a timely original complaint relates back to the original filing date and is not barred by the limitations period.

Beautilite Co., Inc. v. Anthony · filed 1989-08-25(l)

As to Beautilite's statute of limitations defense, we note that Anthony's amended complaint alleged fraud arising out of the same facts that Anthony made the basis for the breach of contract claim in the original complaint, which was filed within the limitations period for a fraud action. Accordingly, the fraud claim related back to the date of the filing of the original complaint, Rule 15, A.R.Civ.P.; Bank of Red Bay v.King, 482 So.2d 274 (Ala. 1985); National Distillers ChemicalCorp. v. American Laubscher Corp. 338 So.2d 1269 (Ala. 1976), and it is not barred by the statute of limitations.

Section 6-2-38’s two-year limitations period bars a claim against a developer added 29 months after accrual when the plaintiffs knew its identity when they filed and the amendment cannot relate back.

Clay v. Walden Joint Venture · filed 1992-08-28

The dispositive issue is whether the Clays sued Walden within the two-year limitations period allowed by Ala. Code 1975, §6-2-38. ... Because the Clays had actual and constructive knowledge of Walden's identity when they filed their complaint, they cannot invoke the relation-back principle. Therefore, Walden was entitled to a judgment as a matter of law.

Section 6-2-38(l)'s two-year period bars a fraud claim added after the deadline when the amendment does not relate back to the original complaint.

Cummins Engine v. Invictus Motor Freight · filed 1994-02-04(l)

The fraud count alleged in the first amended complaint involves different facts, different wrongs that occurred at different points in time, and a different cause of action. Therefore, the doctrine of relation back does not save the fraud claim stated in the first amended complaint from the bar of the statute of limitations.

The two-year limitations period does not bar a claim against a defendant substituted for a fictitiously named party when the plaintiff acted with reasonable diligence in identifying and substituting that defendant.

Crabtree v. BASF Building Systems, LLC · filed 2011-06-30(l)

The record suggests that the Crabtrees exercised reasonable diligence in substituting BASF for a fictitiously named defendant pursuant to Rule 9(h), Ala. R. Civ. P., so as to negate BASF’s limitations argument.

Section 6-2-38(l) bars an injury claim filed against a newly identified defendant after two years when the plaintiff failed to exercise due diligence and the amendment does not relate back.

Ex parte Lucas · filed 2016-06-10(l)

Because McKee could have learned that Lucas was the driver of the third vehicle before she filed her complaint, she did not exercise due diligence in ascertaining Lucas’s identity. Also, because McKee did not act with due diligence in seeking to discover Lucas’s identity, the amendment to her complaint does not relate back to the date of the filing of her original complaint. Therefore, the trial court should have entered a summary judgment in favor of Lucas on the statute-of-limitations ground.

The two-year limitations period bars a complaint filed after it expires when a timely earlier complaint was dismissed without prejudice and there is no evidence that the defendants waived the limitations defense.

Jones v. Phillips and Harco · filed 1989-10-27(1)

The sole issue raised on this appeal is whether the applicable two-year statute of limitations (Ala.Code 1975, § 6-2-38(1)) had run prior to the filing of the Joneses’ last complaint. ... The complaint was filed on July 10, 1987, one day after the statutory period expired. ... The Joneses have offered no evidence to substantiate their allegation that the agreement between the parties to dismiss the case without prejudice also included a waiver of the statute of limitations defense. Therefore, the judgment is affirmed.