Mass. Gen. Laws ch. 260, § 2A

Section 2A sets a three-year limitations period for personal injury claims, which the court applied to a Title IX claim.

Doe No. 3 v. City of Woburn · filed 2025-04-29

The general limitations period for personal injury claims in Massachusetts, set by M.G.L. c. 260, § 2A, is three years.

Section 2A sets a three-year limitations period for tort claims, including breach of fiduciary duty, negligence, legal malpractice, and fraud.

Cooper v. Shabshelowitz · filed 2025-07-31

Under Massachusetts law, the statute of limitations for torts, including breach of fiduciary duty, aiding and abetting breach of fiduciary duty, negligence, legal malpractice, and fraud (Claims I–III, V–VI, IX–XIII), is three years.

Section 2A sets a three-year limitations period for tort claims such as abuse of process.

Lu v. Dargie · filed 2025-09-02

The court agrees as to Plaintiff’s claims against Begley, who represented Plaintiff for some three months in 2018. There are three-year statutes of limitations for tort claims, such as abuse of process, under Massachusetts law, see, e.g., Abdallah v. Bain Capital LLC, 880 F. Supp. 2d 190, 195 (D. Mass. 2012) (citing Mass. Gen. Laws ch. 260, § 2A; collecting cases), and a three-year statute of limitations for Section 1983 claims.

Section 2A sets a three-year limitations period for personal-injury actions, which applies to Section 1983 claims brought in Massachusetts.

Brooks v. Town of Worthington · filed 2025-09-23

Under Massachusetts law, “actions . . . to recover for personal injuries . . . shall be commenced only within three years next after the cause of action accrues.” Mass. Gen. Laws c. 260, § 2A. ... As Plaintiff filed this action on or about January 22, 2024, claims based on injuries Plaintiff incurred prior to January 2021 are time-barred.

Section 2A sets a three-year limitations period for personal injury actions, which also applies to § 1983 claims brought in Massachusetts.

Brooks · filed 2025-10-14

Claims brought pursuant to § 1983 are subject to the statute of limitation period for personal injury actions in the state where the claim is brought. Nieves v. McSweeney, 241 F.3d 46, 51 (1st Cir. 2001). Under Massachusetts law, “actions . . . to recover for personal injuries . . . shall be commenced only within three years next after the cause of action accrues.” Mass. Gen. Laws c. 260, § 2A. “[T]he accrual date for a § 1983 action is simply the date when the potential plaintiff knew or should have known that she was harmed.” Cao v. Puerto Rico, 525 F.3d 112, 115 (1st Cir. 2008). As Plaintiff filed this action on or about January 22, 2024, claims based on injuries Plaintiff incurred prior to January 2021 are time-barred.

Section 2A requires a replevin action to be filed within three years after the cause of action accrues.

MCCORMICK v. RICHARD J. BECKWITH, Personal Representative. · filed 2025-11-25

Because she did not commence a cause of action for the property until December 27, 2022, more than four years later, her claims are time barred. See G. L. c. 260, § 2A.

Section 2A gave an insurer two years to sue a third party on a tort claim arising in 1969.

Landgren v. Aetna Life & Casualty Co. · filed 1975-01-31

The plaintiff sent only one notice to Aetna in the two-year period during which Aetna would have had a right to sue the third party. See G. L. c. 260, § 2A, inserted by St. 1948, c. 274, § 2.

Section 2A set a two-year limitations period for malicious abuse of process and other undifferentiated tort claims arising before January 1, 1974, and a three-year period for claims arising after that date.

Bose Corp. v. Consumers Union of United States, Inc. · filed 1975-04-16

The period for undifferentiated torts (including malicious abuse of process) was two years under G. L. c. 260, § 2A, until St. 1973, c. 777, §§ 1 and 4, extended the period to three years as to causes of action arising after January 1, 1974.

For misrepresentation claims arising before January 1, 1974, § 2A provides a two-year limitations period.

Molinar v. Western Electric Company · filed 1976-03-22

The period applicable to plaintiff’s misrepresentation claim is two years. M.G.L. c. 260, §§ 2A, 4.

Section 2A provided a two-year limitations period for tort actions; a later enactment extended the period to three years effective January 1, 1974.

Levenson v. Bertolet · filed 1976-12-07

The tort action was either subject to G.L.c. 260, §2A (§2 of c. 274 of the Acts and Resolves of 1948) which provided for a two year Statute of Limitations, or it was subject to c. 777, §1, of the Acts and Resolves of 1973, which increased the limitation period from two to three years and which took effect on January 1, 1974. We are unable to determine whether the two year Statute of Limitations or the three year Statute of Limitations is applicable.

Section 2A’s former two-year limitations period governs claims based on acts in 1971 and 1972; its 1973 amendment extended the period to three years for later claims.

Kadar Corp. v. Milbury · filed 1977-02-15

The statute of limitations was amended in 1973 to extend the limitations period from two to three years, but any cause of action based on acts in 1971 and 1972, as charged against these defendants, is governed by the former provision.

Section 2A imposed a two-year limitations period on tort claims under its earlier version; the amended section provides three years for tort claims arising on or after January 1, 1974.

Woodcock v. American Investment Co. · filed 1978-08-16

All claims of the company based on tort theories are barred by the then applicable Massachusetts two-year statute of limitations on tort actions. ... See G. L. c. 260, § 2A, as amended by St. 1973, c. 777, § 1, which now provides a three-year period for tort actions arising on and after January 1,1974.

Section 2A’s two-year tort limitations period applies to claims under G. L. c. 268A, § 21 that arose before the three-year period took effect.

Town of Nantucket v. Beinecke · filed 1979-12-12

These activities, both occurring prior to the effective date of the three-year statute, gave rise to the plaintiff’s cause of action. The judge properly applied the two-year tort statute of limitations contained in G. L. c. 260, § 2A.

Section 2A supplies a three-year limitations period for tort actions, which governs an employee’s fair-representation claim against a union.

Hennebury v. Transport Workers Union of America, Local 507 · filed 1980-03-07

As to the suit against the union, in the First Circuit such actions are characterized as tort actions and are governed by the state statute of limitations for torts — in Massachusetts, three years. M.G.L. c. 260, § 2A.

Under the former two-year limitations period for tort claims, a plaintiff had to prove that its injury occurred within two years before filing suit.

Frank Cooke, Inc. v. Hurwitz · filed 1980-06-26

We conclude that the plaintiff failed to sustain its burden of proving that any of the losses complained of was suffered during but not before the two-year period immediately preceding the commencement of the present action on August 5, 1975. ... Accordingly, we hold that all claims set out in this part were barred by G. L. c. 260, § 2A.

Section 2A's tort limitations period applies to an analogous claim under the Economic Stabilization Act and bars a complaint filed after that period expires.

Hyland v. Dennison Manufacturing Co. · filed 1980-09-17

Since the complaint was not filed within the then applicable period prescribed for a tort action by Mass.G.L. c. 260, § 2A, it is ordered dismissed with prejudice.

Section 2A’s three-year limitations period applies only to actions arising on or after January 1, 1974; earlier deceit claims remain subject to a two-year period.

Telespot of New England, Inc. v. Transportation Displays, Inc. · filed 1981-02-23

General Laws c. 260 §2A was amended in 1973 to extend the limitations period to three years. This applies, however, only to actions arising on or after January 1, 1974. ... Because this action, at the latest, arose in May of 1973, the two-year limitations period applies.

Before January 1, 1974, § 2A imposed a two-year limitations period for negligence claims; the alleged construction negligence was not shown to be inherently unknowable.

L. N. Berneche, Inc. v. RO JO Co. · filed 1981-04-28

The third-party defendants each filed answers, denying negligence and each setting up (Cote by an amended answer) the defense of the statute of limitations which, prior to January 1, 1974, was two years. G. L. c. 260, §§ 2A (inserted by St. 1948, c. 274, § 2), and 2B (inserted by St. 1968, c. 612). ... The affidavits of RO JO’s president did not require belief that the alleged negligence of the subcontractors was “inherently unknowable” ... when construction was finished in December of 1973.

Section 2A’s three-year limitations period applies only to causes of action arising after January 1, 1974.

Fed. Sec. L. Rep. P 96,366 Benjamin A. Cook v. Avien, Inc., James F. Pritchard, Benjamin A. Cook v. Avien, Inc. · filed 1978-03-28

This section of the Mass.Gen.Laws has been revised to make a three year period limit the institution of certain tort actions, Mass.Gen. Laws ch. 260, § 2A, as amended by Mass.Acts 1973, ch. 777, § 1, but explicitly applies only to causes of action arising after January 1, 1974, and so does not alter the court’s analysis of the limitations aspect of this case.

Section 2A provides a three-year limitations period for tort claims, which the court applied to LMRDA free speech claims.

Berard v. General Motors Corp. · filed 1980-07-24

The Massachusetts tort statute of limitations, Mass.Gen.Laws ch. 260, § 2A, is three years. ... Based on the foregoing I rule that the three-year Massachusetts tort statute of limitations is the most appropriate, and therefore will govern, plaintiff’s free speech claims under the LMRDA. Since plaintiff filed this action on August 7, 1979, all allegations concerning activity taking place more than three years earlier are time-barred.

Section 2A’s three-year period applies to tort claims arising on or after January 1, 1974; earlier claims remain subject to the two-year period.

Harris v. Wilcox · filed 1981-07-16

In 1973 the statute of limitations for tort actions was changed from two years to three years for causes of action arising on and after January 1,1974. G. L. c. 260, § 2A, as amended by St. 1973, c. 777, § 1, 4. ... He then had two years to bring his action, but the action was barred when it was not brought by October 10, 1979. ... We agree with this reading of the statutes and hold that they are valid as so applied.

Section 2A’s former two-year limitations period applies to claims arising before January 1, 1974, even when tolling delays the start of the period until after the three-year amendment takes effect.

Gilman Brothers Inc. v. Peat, Marwick, Mitchell & Co. · filed 1980-03-24

The two-year statute which was then in effect applies and the fact that it was tolled until July 1975 did not give plaintiff the benefit of the amended three-year statute which became effective during the tolling period and was applicable to claims arising after January 1, 1974.

Section 2A sets a three-year limitations period for personal injury tort actions.

McCumiskey v. Stevens · filed 1981-10-16

The statute of limitations for a personal injury tort action is three years. G.L.c. 260, § 2A.

Section 2A provides a two-year limitations period for claims arising before January 1, 1974, and a three-year period for claims arising thereafter.

Holtzman v. Proctor, Cook & Co., Inc. · filed 1981-12-30

That statute provides a two-year limitations period for causes of action arising before January 1, 1974, and a three-year period for those arising thereafter. ... That, apparently, is what the plaintiffs did; therefore, their claims of fraud occurring prior to March 30, 1974 are barred by the statute of limitations.

Section 2A provides a three-year limitations period for a negligent infliction of emotional distress claim.

Cimino v. Milford Keg, Inc. · filed 1982-02-23

The original complaint was filed well within the applicable three-year limitation period. G. L. c. 260, § 2A.

Section 2A’s general limitations period does not govern negligence claims against a supplier of goods when Chapter 106, Section 2-318 supplies the applicable period.

M.T. Realty Corp. v. Van Allen · filed 1983-08-18

■ Accordingly, we conclude that because appellant’s actions against Bay State were brought within three years after the date its damages were suffered, its actions in negligence and breach of warranty were timely under the express language of G.L. c. 106, Sec. 2-318, and are not barred by the general statutes of limitation set forth in G.L. c. 106, Sec. 2-725, or in G.L. c. 260, Sec. 2A.

Section 2A imposes a three-year limitations period on tort claims.

Hemric v. Reed & Prince Manufacturing Co. · filed 1983-12-01

I, therefore, hold that the applicable law is contained in Chapter 260 § 2A of the Massachusetts General Laws. Accordingly, the motion of the defendant for summary judgment shall be granted on the ground that the three-year statute of limitations governing tort claims bars the action.

Section 2A provides a three-year limitations period for the Massachusetts state claim most analogous to a federal § 10(b) securities claim.

Lang v. Paine, Webber, Jackson & Curtis, Inc. · filed 1984-03-26

Under Massachusetts law, the state cause of action most closely analogous to a claim under § 10(b) of the Act provides for a three-year limitations period.

Section 2A sets a three-year limitations period for tort actions.

Denton v. International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers & Helpers, Boilermakers Lo · filed 1986-01-28

Although such facts may represent the type of particularly abusive behavior required to avoid federal preemption, any claim based on these allegations is time-barred. The acts occurred during 1978 and 1979, and Massachusetts has a three year statute of limitations for tort actions. Mass.Gen.Laws ch. 260 § 2A.

Section 2A sets a three-year limitation period for tort claims alleging intentional infliction of emotional distress.

Mellinger v. Town of West Springfield · filed 1987-11-23

A three-year limitation period applies to the plaintiff’s claims in tort for intentional infliction of emotional distress. G. L. c. 260, § 2A (1986 ed.).

Section 2A gives negligence claims a three-year limitations period.

Landers v. Sherwin-Williams Co. · filed 1989-03-20

Causes of action for negligence and breach of warranty are governed by the three year statutes of limitations set forth, respectively, in G. L. c. 260, § 2A and G. L. c. 106, § 2-318. As the plaintiffs’ cause of action arose on May 23,1984, the plaintiffs were obviously required to institute suit on or before May' 23, 1987.

Section 2A’s three-year limitations period applies to tort claims for injuries caused by a landlord’s failure to correct unsafe premises.

Mahoney v. Baldwin · filed 1989-09-15

Their action is, therefore, time-barred under G. L. c. 260, § 2A.

Section 2A provides a three-year limitations period for personal injury actions, which also governs § 1981 claims filed in Massachusetts.

Miller v. Shawmut Bank of Boston, N.A. · filed 1989-12-05

In Massachusetts, that period is 3 years. ... The alleged refusals to promote plaintiff to Head Teller on August 9, 1982 and September 19, 1983 are, therefore, beyond the limitations period.

Section 2A sets a three-year limitations period for tort actions, measured from when the action accrues.

Liberace v. Conway · filed 1991-07-09

This case, a tort action, was subject to a three-year limitations period from the date the action accrued. G. L. c. 260, § 2A.

Section 2A’s three-year limit bars a personal-injury tort action when the complaint is received after the deadline and the plaintiff cannot show timely commencement.

Migliore v. Purity Supreme Supermarkets, Inc. · filed 1992-08-26

The G.L.c. 260, §2A three year limitations period for the commencement of this action expired on January 28,1991. ... In the absence of such evidence and in view of the court docket, the trial judge correctly ruled that this action was not instituted until February 4,1991 and was thus barred by the Statute of Limitations.

Section 2A's three-year limitations period bars a claim filed more than three years after accrual when no tolling applies.

Gonsalves v. Flynn · filed 1992-12-11

When Gonsalves’ claims accrued in March-April 1985, Massachusetts law recognized imprisonment as a condition that would toll the three-year statute of limitations that generally applied to tort actions under M.G.L. c. 260, § 2A. ... As Gonsalves’ suit was filed more than three years after his claims accrued and he is not entitled to tolling, his complaint is time-barred.

Section 2A’s three-year limitations period applies to the plaintiff’s Fourth Amendment claim.

Fischer v. Rollins · filed 1993-06-23

Plaintiff's Fourth Amendment claim is barred by the statute of limitations. Wilson v. Garcia, 471 U.S. 261 (1985); Mass. G.L. ch. 260, § 2A (3-year statute of limitations).

Section 2A sets a three-year limit for tort claims, including a breach of fiduciary duty claim that essentially repeats a fraud claim.

Howell v. Birnberg · filed 1994-02-10

The counterclaim, alleging fraud, negligence and breach of fiduciary duty, sounds in tort and is governed by the three-year statute of limitations. G.L.c. 260, §2A.

Section 2A sets a three-year limitations period for negligence and fraud claims; that period also governs fraudulent conveyance claims based on those underlying torts.

SFC Valve Corp. v. Wright Machine Corp. · filed 1994-03-09

Here, SFC’s Florida action sounds in negligence and fraud, both of which are subject to the three-year statute of limitations for torts. See Brodeur v. American Rexoil Heating Fuel Co., 13 Mass.App.Ct. 939, 941 (1982); G.L.c. 260, §2A.

Section 2A’s three-year period for tort actions does not govern claims under G.L.c. 183, §63, which follow the four-year period in §5A.

Mayo v. Key Financial Services, Inc. · filed 1994-06-22

Under G.L.c. 260, §2A, the statute of limitations for a tort action is three years. General Laws c. 183, §63, is designed to protect consumers from sharp practices of mortgage lenders. Thus the statute has characteristics that are common to consumer protection statutes. Claims arising under G.L.c. 183, §63 must adhere to the procedural requirements of G.L.c. 260, §5A.

Section 2A gives plaintiffs three years to bring fraud and conversion claims.

Techbuilt Homes, Inc. v. Framingham Savings Bank · filed 1995-09-21

The tort claims are governed by a three year statute of limitations, G.L.c. 260, §2A, and the statutory claims by a four year statute of limitations, G.L. 260, §5A. ... The conversion count is similarly time-barred.

Section 2A requires claims for negligent misrepresentation and intentional interference with business relations to be brought within three years of accrual.

Kiely v. Raytheon Co. · filed 1996-02-07

That statute is Mass.Gen.Laws ch. 260, § 2A in the case of the claims of negligent misrepresentation (Count II) and intentional interference with business relations (Count III), and id. at § 4, in the case of the claim of defamation (Count IV). As to each of the counts, the applicable statute prescribes that suit be commenced within three years of the accrual of the cause of action.

Section 2A gives a plaintiff three years to bring a tort claim, measured from when the claim accrues; under the discovery rule, accrual waits until the plaintiff knew or could have known of the injury and its cause.

Arthur D. Little International, Inc. v. Dooyang Corp. · filed 1996-05-16

The next question is whether the three-year statute of limitations in G.L. c. 260 § 2A limits recovery. ... As the complaint in this case was filed August 11, 1994, ADL is entitled to summary judgment (except to the extent of a set-off) if the undisputed facts indicate that the counterclaim accrued before August 11, 1991. ... Accordingly, the counterclaim is time-barred.

Section 2A requires a tort claim to be brought within three years of accrual.

Sanchez v. Financial Enterprises Corp. · filed 1996-06-29

Again, G.L.c. 260, §2A, mandates that a plaintiff bring a tort claim within three years of its accrual. Here, the earliest instance of emotional distress that Sanchez describes occurred in December, 1992, when she asserts that she experienced nightmares and cried frequently because of Financial’s debt collection efforts. Thus, I conclude that her cause of action for emotional distress accrued in December 1992, at the earliest — well within the three-year period before the filing of this complaint in December 1993.

Section 2A requires tort claims to be filed within three years after they accrue; a plaintiff need not know the full extent of an injury for the period to begin.

Skelley v. Trustees of Fessenden School · filed 1997-08-15

A claim for damages in tort must be brought within three years after the cause of action accrues. G.L.c.260, §2A. ... The negligent misrepresentation counts of the complaint are, therefore, barred by the statute of limitations.

Section 2A gives a person three years from the injury to bring a tort action or a contract action to recover for personal injuries.

Baker v. A.L.Y.N. Associates, Inc. · filed 1994-02-16

Under Massachusetts law, M.G.L.c. 260, §2A, the statute of limitations for actions of tort and actions of contract to recover for personal injuries is three years from the time of injury. In the present case, it is undisputed that the plaintiffs injury occurred on February 6,1988 and that he did not commence his suit until April 22,1991, a time beyond the statute of limitations.

Section 2A bars tort claims filed more than three years after they accrue.

Leigh v. Ford · filed 1995-10-12

Because this action commenced more than four years thereafter, plaintiffs tort claims and Consumer Act claims are time-barred, G.L.c. 260, §§2A, 5A.

Section 2A requires personal injury actions to be filed within three years after the cause of action accrues, and its deadline applies to § 1983 claims.

Ball v. Carroll · filed 1996-08-08

M.G.L. c. 260, § 2A states that such actions must be filed within three years after the cause of action accrues.

Section 2A gives a plaintiff three years to bring a claim for physical property damage after the plaintiff learns of the damage.

Kelleigh v. Algonquin Gas Transmission Co. · filed 1996-11-06

This claim for physical damage to its property fails because the action was not commenced within three years, G.L.c. 260, §2A, after the Trust knew of the physical damage to its property, knowledge which it possessed as early as Januaiy 1989, almost six years before this action commenced.

Unless otherwise provided, § 2A requires tort actions to be brought within three years after accrual, including shareholder derivative claims for diversion of corporate opportunities and self-dealing.

Demoulas v. Demoulas Super Markets, Inc. · filed 1997-03-13

Unless otherwise provided, tort actions must be commenced within three years after the cause of action accrues. G. L. c. 260, § 2A. A shareholder derivative action for breach of fiduciary duty through diversion of corporate opportunities and self-dealing sounds in tort.

Section 2A requires personal injury claims to be commenced within three years after the cause of action accrues.

White v. Nissan Motor Corp. · filed 1997-07-28

Claims for personal injuries must be commenced within three years after the date the cause of action accrues.

Section 2A provides a three-year limitations period for a tort action seeking damages for an employer’s failure to provide workers’ compensation coverage.

Mills v. Continental Transportation Network, Inc. · filed 1998-02-11

On the defendants’ motions for summary judgment, the Superior Court judge concluded that the plaintiff’s action was time barred by the three-year limitation period set out in G. L. c. 260, § 2A, and entered judgments in their favor. Finding no error in the reasoning set out in the judge’s memorandum of decision, we adopt it as our own and affirm the judgments.

Section 2A sets a three-year limitations period for personal injury actions, which courts borrow for section 1983 claims filed in Massachusetts.

Piacentini v. Levangie · filed 1998-03-26

In Massachusetts, the statute of limitation for personal injury actions is three years. Mass. Gen. Laws ch. 260, § 2A. ... Therefore, to have a timely cause of action, Piacentini had to file his federal claim by June 2,1996.

Section 2A’s three-year limit bars fraud and negligence claims arising from loan-closing disclosures when the borrowers had notice at closing and fraudulent concealment did not toll the period.

Mills v. Andover Bank · filed 1999-01-05

There is, therefore, no occasion to toll that statute of limitations and this claim is barred. See. G.L.c. 260, §2A.

Section 2A gives a plaintiff three years to file a motor-vehicle negligence claim; the day of injury is excluded when counting, but the deadline falls on the third anniversary of the injury.

Sherblom v. Brigham · filed 1999-02-05

By waiting until December 10,1997 to commence this action, plaintiffs missed the filing deadline by one day because plaintiffs’ complaint was not filed “within three years" of the time the alleged cause of action accrued.

Section 2A’s three-year limitations period governs a tenant’s negligence claim for injuries caused by inadequate snow removal, even when pleaded under chapter 93A.

Banches v. New Puffton I, Ltd. Partnership · filed 1999-03-05

Rather, the plaintiff claims that the defendant was negligent in providing snow removal. As such, the plaintiff’s claim is governed by G.L.c. 260, §2A, rather than G.L.c. 260, §5A ... As the plaintiff’s cause of action arose more than three years prior to filing her complaint, she is time barred from recovery and her case was properly dismissed.

Section 2A sets a three-year limitations period for these claims; whether alleged continuing conduct falls within that period can be a question of fact.

McClure v. Town of East Brookfield · filed 1999-03-11

It is undisputed that the applicable statute of limitations with respect to the claims made in this case is three years. G.L.c. 260, §2A (1992 ed.).

Section 2A requires conversion, breach of fiduciary duty, and negligent supervision claims to be brought within three years after they accrue.

Patsos v. First Albany Corp. · filed 1999-11-23

The plaintiff’s claims for breach of contract and implied covenant of good faith and fair dealing must be brought within “six years next after the cause of action accrues,” see G. L. c. 260, § 2; his claims for conversion, breach of fiduciary duty, and negligent supervision must be brought within “three years next after the cause of action accrues,” see G. L. c. 260, § 2A; and his claim under c. 93A must be brought “within four years next after the cause of action accrues,” see G. L. c. 260, § 5A.

Section 2A gives fraud claims a three-year limitations period.

Boutiette v. Dickinson · filed 1999-12-17

The statute of limitations for the cause of action of fraud is three years pursuant to G.L.c. 260, §2A.

Section 2A’s three-year limitations period applies to negligent installation claims when the alleged losses result from negligence.

Sarni Cleaners of Framingham, Inc. v. Aldrich Clean-Tech Equipment Corp. · filed 2000-03-13

Afair readingof Sarni’s complaint suggests that all of Sarni’s losses resulted from Aldrich’s alleged negligence and, thus, are claims that sound in tort. Accordingly, the three year statute of limitations as set forth in G.L.c. 260, §2A, applies to Sarni’s complaint.

Section 2A provides a three-year limitations period for personal injury claims, which also applies to the civil rights and civil conspiracy claims here.

Connell v. Board of Selectmen · filed 2000-06-06

In Massachusetts, that period is three years. See Mass. Gen. Laws ch. 260 § 2A (1998). The same statute of limitations applies to claims of civil conspiracy. See id.

Section 2A gives a party three years after accrual to bring a breach of fiduciary duty claim, which is treated as a tort claim.

In Re Cumberland Farms, Inc. · filed 2000-06-08

In Massachusetts, a cause of action for breach of fiduciary duties is in the nature of a tort action, which must be commenced within three years after the cause of action accrues.

Section 2A gives a plaintiff three years to bring a misrepresentation claim after the injury becomes knowable.

Beaconsfield Townhouse Condominium Trust v. Zussman · filed 2000-08-01

Misrepresentation is subject to a three-year statute of limitations. G. L. c. 260, § 2A. ... Applying the statutes of limitations that we have mentioned, the trust’s action against the Zussman defendants must have been brought before February 2, 1981, as to the claims sounding in tort and before February 2, 1982, as to the c. 93A claims.

Section 2A gives a tortious interference claim a three-year limitations period.

Goldbaum v. Weiss · filed 2000-12-01

Thus the interference claim was time barred by the three-year statute of limitations for torts, G. L. c. 260, § 2A.

Section 2A gives claims for conversion, breach of fiduciary duty, and negligent supervision a three-year limitations period measured from accrual.

Patsos v. First Albany Corp. · filed 2001-02-05

... and the claims for conversion, breach of fiduciary duty, and negligent supervision must be brought within three years of the accrual of the action, G. L. c. 260, § 2A.

Section 2A sets a three-year limitations period for personal injury actions, which federal courts borrow for § 1983 claims arising in Massachusetts.

Nieves v. McSweeney · filed 2001-02-27

Massachusetts prescribes a three-year statute of limitations for personal injury actions. See Mass. Gen. Laws ch. 260, § 2A. We have borrowed this prescriptive period for section 1983 cases arising in Massachusetts, e.g., McIntosh, 71 F.3d at 34, and the parties agree that the three-year period applies here.

Section 2A sets a three-year limitations period for the claims at issue.

Levine v. Champigny · filed 2002-01-10

The parties agree that the applicable statute of limitations in this case for all counts is three years. See G.L.c. 260, §2A. ... Accordingly, the defendants are entitled to summary judgment.

Section 2A gives tort claims a three-year limitations period.

Sigros v. Walt Disney World, Co. · filed 2002-03-06

Under Massachusetts law, tort claims are subject to a three-year statute of limitations. M.G.L. c. 260 § 2A.

Section 2A bars a trespass claim brought more than three years after a completed act, even if harm from that act continues.

Lamantea v. Zolla · filed 2002-03-14

Lamantea’s trespass count must, therefore, be deemed precluded by G.L.c. 260, §2A.

Section 2A provides a three-year limitations period for personal injury claims, which federal courts apply by analogy to Bivens and Section 1983 claims in Massachusetts.

Marino v. Gammel · filed 2002-03-15

Massachusetts has a three-year limitation period for personal injuries claims. Mass. Gen. Laws c. 260, § 2A.

Section 2A gives claims for intentional interference with contractual relations a three-year limitations period.

Pure Distributors, Inc. v. Baker · filed 2002-04-09

A claim for intentional interference with contractual relations is one sounding in tort. ... As such, it is subject to a three-year statute of limitations under Massachusetts law. ... Mass. Gen. Laws Ann. ch. 260, § 2A (1992).

Section 2A gives a plaintiff three years to bring a tort claim for repair costs; costs paid more than three years before suit cannot be recovered.

Bayview Improvement Corp. v. Vincent · filed 1998-09-04

The complaint also seeks recovery of amounts expended by BVIC to make the repairs which the Town did not; that claim for damages for the Town’s failure to carry out its duty to repair the works sounds in tort. Such a claim is governed by the three year statute of limitations contained in G.L.c. 260, §2A. Some of the moneys paid out by BVIC to third parties for repair work were paid more than three years before this suit was commenced. Such damages may not be recovered.

Section 2A requires tort actions, including defamation claims, to be commenced within three years after they accrue.

Hudgens v. Harvard University · filed 1998-10-01

G.L.c. 260, §2A states that tort actions shall be commenced within three years after the action accrues. The papers were added to Hudgens’ file, at the latest, in 1989. He did not commence this action until 1998, more than three years after the cause of action accrued. Therefore, the count for defamation must be dismissed.

Section 2A’s three-year limit for tort actions permits an estate claim within the deadline in G.L. c. 197, §9 when the defendant dies before the three-year period expires.

Sherblom v. Brigham · filed 1999-09-20

In cases of claims against an estate, if the deceased died before the general statute of limitations bars the plaintiffs suit, the plaintiff may begin the action at any time prescribed by the special short statute of limitations set out in G.L.c. 197, §9, even if the general statute of limitations expired in the meantime. ... This sentence does not circumscribe the exceptions to G.L.c. 260, §2A to the parameters of c. 260.

Section 2A requires tortious interference, trade secret misappropriation, and conversion claims to be brought within three years of accrual; disputed facts about tolling can preclude summary judgment.

Stark v. Advanced Magnetics, Inc. · filed 2000-10-13

Actions for tortious interference with contractual or advantageous relations, misappropriation of trade secrets, and conversion must be brought within three years after the cause of action accrues. G. L. c. 260, § 2A. ... In light thereof, the tort claims could not be disposed of by summary judgment on the statute of limitations ground.

Section 2A gives tort claims a three-year limitations period that begins when the cause of action accrues.

Gouin v. Gouin · filed 2003-03-11

Filed on May 6, 2002, Dori’s claim of assault is not barred by the three year statute of limitations for tort actions in Massachusetts which starts to run when the cause of action accrues.

Section 2A provides a three-year limitations period for covered tort actions.

In Re Ski Train Fire in Kaprun, Austria on November 11, 2000 · filed 2003-03-21

There will likewise be no time-bar problem in the Betón action because Massachusetts also has a three year statute of limitations.

Section 2A provides a three-year limitations period for common law misrepresentation claims.

American Fiber & Finishing, Inc. v. Tyco Healthcare Group, LP · filed 2003-07-28

A three-year limitations period applies to Count II (property damage under Mass. Gen. Laws ch. 21E, § 5), see Mass. Gen. Laws ch. 21E, § 11A(4), and also Count VI (common law misrepresentation), see Mass. Gen. Laws ch. 260, § 2A.

Section 2A sets a three-year limitations period for personal injury tort claims, including Section 1983 personal injury claims in Massachusetts.

Broner v. Flynn · filed 2004-03-31

In Massachusetts, the statute of limitations period applicable to personal injury tort claims, and therefore, Section 1983 claims involving personal injury, is three years.

Section 2A gives plaintiffs three years to bring tort-based product liability claims.

In Re Massachusetts Diet Drug Litigation · filed 2004-09-17

Under Massachusetts law, a three-year statute of limitations applies to the plaintiffs’ tort-based product liability claims, such as defective design, failure to warn, negligence, and fraudulent and negligent misrepresentation.

Section 2A sets a three-year limitations period for personal injury actions, which federal courts borrow for § 1983 claims in Massachusetts.

Keane v. Navarro · filed 2004-09-30

Massachusetts prescribes a three-year limitations period for personal injury actions. ... It is thus clear that Keane’s claim accrued on September 27, 1999. Accordingly, his claims are time barred. M.G.L. c. 260 § 2A.

Section 2A gives a plaintiff three years after a tort claim accrues to file suit; a fraudulent misrepresentation claim accrues when the plaintiff learns or reasonably should have learned of the misrepresentation.

Rodi v. Southern New England School of Law · filed 2004-11-10

Massachusetts law provides that an action in tort — of which fraudulent misrepresentation is a species — "shall be commenced only within three years next after the cause of action accrues." Mass. Gen. Laws ch. 260, § 2A.

Section 2A supplies a three-year limitations period for a § 1983 action brought in Massachusetts.

Corliss v. City of Fall River · filed 2005-11-01

Since Mr. Corliss must have received the written notice before December 26, 2001, this action should have been filed by December 26, 2004, at the latest, to be timely according to Mass. Gen. Laws ch. 260, § 2A.

Section 2A sets a three-year period for commencing tort actions.

Chesnis v. Law · filed 2006-05-19

There is a three-year statute of limitations to commence causes of action based in tort. G.L.c. 260, §2A. ... Having been on notice of his claims and his alleged injuries for fifteen years, Chesnis has failed to bring his suit within the three-year statute of limitations.

Section 2A gives claims for emotional distress and negligent supervision a three-year limitations period measured from accrual.

Harrington v. CACV OF COLORADO, LLC · filed 2007-08-30

In Massachusetts, the statute of limitations for claims of emotional distress and negligent supervision is three years “after the cause of action accrues.” Mass. Gen. Laws ch. 260, § 2A. ... State tort claims for emotional distress and negligent supervision are barred for conduct occurring before July 14, 2003.

Section 2A’s three-year limitation period barred a claim that trustees breached their duty to provide support when the claimant knew of the alleged breach more than three years before filing.

Redstone v. O'Connor · filed 2007-10-16

The judge allowed Michael’s motion for summary judgment on the grounds that: (1) Edward’s claim alleging a breach of the trustees’ fiduciary obligation to inquire about and provide for Adam’s support was time barred by the three-year limitation period set out in G. L. c. 260, § 2A; ... We need say no more on this point other than that we agree.

Section 2A sets a three-year limitations period for this type of property-damage action.

Travelers Property Casualty Co. v. Noveon, Inc. · filed 2008-02-13

M.G.L. c. 260 § 2A provides a three year statute of limitations for this type of action.

Section 2A imposes a three-year limitations period on interference claims; the period ordinarily starts when the plaintiff is harmed.

Day v. Kerkorian · filed 2008-06-06

On that record, the Superior Court judge was right to enter summary judgment in favor of Kerkorian on the interference claim because that claim is subject to the three-year statute of limitations embodied in G. L. c. 260, § 2A, and that statute had run by the time Day filed his complaint.

Section 2A provides a three-year limitations period for defamation and intentional infliction of emotional distress claims.

Salcedo v. Town of Dudley · filed 2009-03-20

Counts 2 and 4 assert claims for defamation and intentional infliction of emotional distress under Massachusetts law. Such claims are subject to the three-year limitations period set forth in Mass. Gen. Laws eh. 260, § 2A.

Section 2A requires a fraudulent misrepresentation claim to be brought within three years after it accrues.

Murray v. Rowse · filed 2009-04-10

Under G.L.c. 260, §2A, however, torts, including fraudulent misrepresentation, “shall be commenced only within three years next after the cause of action accrues.” Because Murray commenced this action on September 23, 2008, more than two years after the three-year statute of limitations period expired, the fraud count must be dismissed.

Section 2A sets a three-year limitations period for tort and personal-injury contract claims, including negligence, breach of warranty, failure to warn, and fraudulent concealment.

Genereux v. American Beryllia Corp. · filed 2009-07-29

Under Massachusetts law, “actions of tort” and “actions of contract to recover for personal injuries” are subject to a three-year statute of limitations. Mass. Gen. Laws ch. 260, § 2A. The counts in the amended complaint of negligence, breach of warranty, failure to warn, and fraudulent concealment fall into these categories and are all governed by this statute.

Section 2A imposes a three-year limitations period on tort and personal-injury contract claims, including negligence, breach of warranty, failure to warn, and fraudulent concealment.

Genereux v. American Beryllia Corp. · filed 2009-08-20

Under Massachusetts law, "actions of tort" and "actions of contract to recover for personal injuries" are subject to a three-year statute of limitations. Mass. Gen. Laws ch. 260, § 2A. The counts in the amended complaint of negligence, breach of warranty, failure to warn, and fraudulent concealment fall into these categories and are all governed by this statute.

Section 2A sets a three-year limitations period for a nuisance claim.

Forbes Park, LLC v. Irving Oil Corp. · filed 2009-11-30

As plaintiffs point out, however, the applicable statute of limitations, G.L.c. 260, §2A, was amended in 1973 to set a three-year limitations period.

Section 2A requires a personal injury action to be commenced within three years after the claim accrues.

Coons v. Industrial Knife Co., Inc. · filed 2010-09-10

Under Massachusetts law, Coons had to commence his action within three years after his cause of action accrued, which in this case was the date of his injury, September 29, 2000. See Mass. Gen. Laws ch. 260, § 2A; Cannon v. Sears, Roebuck & Co., 374 N.E.2d 582, 584 (Mass. 1978).

Section 2A ordinarily sets a three-year limitations period for tort actions.

Hermosilla v. Hermosilla · filed 2011-03-21

Alex is correct that ordinarily there is a three-year statute of limitations on tort actions. See Mass. Gen. Laws ch. 260, § 2A.

Section 2A gives a plaintiff three years to commence a tort action.

Killoran v. Boyles · filed 2012-05-23

Tort actions are subject to a three-year statute of limitations, G.L.c. 260, §2A; Killoran commenced this action on July 6, 2010, approximately six and one-half years after the January 29, 2004 automobile accident from which his claims arose.

Section 2A provides a three-year period to file these personal injury and property damage claims.

Rowe v. Martell · filed 2011-06-14

In this case, the plaintiff presented legal claims only, and commenced suit timely, within the three-year statute of limitations. G.L.c. 260, §2A. The claims arose on September 5,1997, and suit was filed on September 1, 2000.

Section 2A’s three-year limitations period applies to invasion-of-privacy claims and claims under the Massachusetts Wiretap Act.

Rich v. Rich · filed 2011-07-08

That statute requires an action to “be commenced only within three years next after the cause of action accrues." G.L.c. 260, §2A. ... Therefore, the same three-year statute of limitations that applies to other claims for invasion of privacy should apply to claims under the Wiretap Act. ... Thus, any claim under either the Privacy Act or the Wiretap Act for the acquisition of those messages is time-barred.

Section 2A requires tort actions to be filed within three years after the cause of action accrues.

Okoli v. Okoli · filed 2012-03-06

Tort actions must be commenced within three years after the cause of action accrues. G. L. c. 260, § 2A. Claims VII and VIII (Boston IVF) are tort claims — respectively, fraud and conspiracy to defraud. The husband’s causes of action accrued upon Boston IVF’s acceptance of his final consent form on November 13, 2002. He filed his complaint on October 29, 2008, well beyond the three-year time limit. Therefore, claims VII and VIII (Boston IVF) can be properly dismissed under rule 12(b)(6) based on the statute of limitations.

Section 2A gives an intentional interference with contractual relations claim three years from the date it accrues.

National Ass'n of Government Employees v. Mulligan · filed 2012-03-30

The statute of limitations period for an intentional interference with contractual relations claim is three years from the date the action accrues. M.G.L. ch. 260 § 2A. ... The Court need not decide the issue at this early stage, however, because the facts the defendant marshals in support of his defense are neither definitively ascertainable from the Complaint nor sufficient to establish the defense with certitude.

Section 2A gives a claimant three years from accrual to bring a tort action.

Stewart Title Insurance v. Kelley · filed 2012-05-16

Here, Kelley Law’s six tort-based counterclaims are subject to a three-year limitations period. G.L.c. 260, §2A (“Except as otherwise provided, actions of tort... shall be commenced within three years next after the cause of action accrues”).

Section 2A gives claims for fraud, tortious interference with employment agreements, and unjust enrichment three years from accrual to be filed.

Abdallah v. Bain Capital LLC · filed 2012-07-24

First, Abdallah brings three common law claims: fraud (Count I), tortious interference with the employment agreements (Count II); and unjust enrichment, restitution and constructive trust (Count IV). Under Massachusetts state law, each one of these claims is subject to a three-year statute of limitations from the date upon which the cause of action accrues.

Section 2A gives tort claims a three-year filing deadline.

Lee v. Vander Linden · filed 2012-09-18

The three-year statute of limitations in tort cases, G.L.c. 260, §2A, expired in 2010, before Lee brought his 2011 complaint.

Section 2A sets a three-year limitations period for tort claims.

Patterson v. Novartis Pharmaceuticals Corp. · filed 2012-12-19

Massachusetts law provides for a three year statute of limitations for tort claims and a four year statute of limitations for a Massachusetts General Laws chapter 93A claim.

Section 2A gives a plaintiff three years to bring a tort claim, measured from when the plaintiff knew or reasonably should have known of appreciable harm.

Massachusetts Housing Opportunities Corp. v. Whitman & Bingham Associates, P.C. · filed 2013-02-21

“Tort claims in Massachusetts are governed by the three-year limitations period set forth in G. L. c. 260, § 2A, amended by St. 1973, c. 777, § 1.” ... Therefore, in this case, MHOC’s negligence and other tort claims must have accrued on or after May 23, 2005, “or fall under the protection of an applicable exception, to be within the statutory limitations period.”

Section 2A sets a three-year limitations period for tort claims.

Kinchla v. Disola Development, LLC · filed 2013-04-14

Generally, tort claims are governed by a three-year statute of limitations, and contract actions are controlled by a six-year statute of limitations. G.L.c. 260, §2A (tort claims); G.L.c. 260, §2 (contract claims).

Section 2A gives plaintiffs three years to bring civil conspiracy and negligence claims.

Sexual Minorities Uganda v. Lively · filed 2013-08-14

Massachusetts applies a three-year statute of limitations to civil conspiracy claims. ... Massachusetts also applies a three-year statute of limitations to negligence claims.

Section 2A sets a three-year limitations period for personal-injury claims, which applies to Section 1983 claims arising in Massachusetts.

Williams v. City of Brockton · filed 2014-11-13

Under Massachusetts law, the limitations period for personal injury is three years. See id.; Mass. Gen. Laws ch. 260, § 2A. Accordingly, the three-year limitations period applies to Williams’ claims that the Police Defendants’ conduct deprived him of his constitutional rights in violation of Section 1983.

Section 2A gives tort claims a three-year limitations period, which may be equitably tolled when reasonable diligence could not uncover information essential to the suit.

Shay v. Walters · filed 2012-12-18

In Massachusetts, there is a general three-year statute of limitations for tort actions. Mass. Gen. Laws ch. 260, § 2A. ... In this case, we discern no error in the district court's determination that the statute of limitations must be honored and that, perforce, the plaintiff's tortious interference claim is time-barred.

Section 2A requires a tort action, including one for tortious interference with business relations, to be filed within three years after the claim accrues.

Verdrager v. Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, P.C. · filed 2013-12-17

Under Massachusetts law, a tort action must be commenced within three years after the cause of action accrues. G.L.c. 260, §2A. Ms. Verdrager’s claims against Mr. Cohen are also time barred, having failed to meet the time limitations of G.L.c. 15IB and general tort law. The claim of tortious interference with business relationships (Count Six) against Mr. Cohen cannot stand where the tortious conduct alleged took place in 2004, and Ms. Verdrager did not bring her claim against him until January 2010.

Section 2A gives plaintiffs three years to bring tort claims, including fraud claims.

Rice v. Santander Bank, N.A. · filed 2016-07-06

The limitations period for tort claims, including fraud, is three years. Mass. Gen. Laws ch. 260, § 2A; ... No matter which of these dates marked the beginning of the statutory period, the limitations period had expired well before plaintiff filed his complaint in February 2016. Accordingly, Count Two will be dismissed as to plaintiffs individual claim.

Section 2A sets a three-year limitations period for Massachusetts tort claims, including conversion, misappropriation, fraud, and negligent misrepresentation.

Beram v. Ceaco, Inc. · filed 2016-12-01

• Count VII, Conversion. Mass. Gen. Laws ch. 260, § 2A (three-year statute of limitations for Massachusetts tort actions).

Section 2A gives a plaintiff three years after a tort claim accrues to bring suit.

Kalesnik v. HSBC Bank USA, National Ass'n (In re Kalesnik) · filed 2017-07-11

The Debtor’s tort claims—Wrongful Eviction/Conversion (Count III), Misrepresentation (Count VI), and Intentional Infliction of Emotional Distress (Count VII)—are subject to a three-year statute of limitations. ... Accordingly, the Court must dismiss Counts III, VI, and VII as barred by the statute of limitations.

Section 2A gives tort claims, including fraud and intentional misrepresentation, a three-year filing period.

Saade v. Sec. Connection Inc. · filed 2017-10-12

Although intentional misrepresentation and fraud claims often arise in the context of a contract, Massachusetts state courts consistently construe such claims as torts. ... Actions of contract, under Massachusetts law, must be commenced within six years after the cause of action accrues, M.G.L. ch. 260, § 2, while tort actions must be commenced within three years. M.G.L. c. 260, § 2A. ... Because the Massachusetts statute of limitations for tort claims is three years, the plaintiff's common law fraud claim is time barred.

Section 2A gives plaintiffs three years to bring personal injury tort claims, and its three-year period also applies to § 1983 claims brought in Massachusetts.

Vinnie v. Henry · filed 2018-02-16

The three-year statute of limitations set forth in G. L. c. 260, § 2A, also applies to the plaintiff's tort claims. ... Accordingly, the plaintiff's tort claims fail for the same reasons that his § 1983 claims fail-the claims accrued in 2004, and the statute of limitations had run by the time he filed his complaint in 2015.

Section 2A gives a three-year limitations period for unjust enrichment based in tort and breach of fiduciary duty.

Ingem, Inc. v. Dial Info. Servs., Inc. · filed 2018-05-29

The statute of limitations for unjust enrichment based in a tort claim and for breach of fiduciary duty is three years. G. L. c. 260, § 2A. ... However, the plaintiff did not bring this suit until 2016, four years later. These claims are also, therefore, time barred.

Section 2A gives a plaintiff three years to file a personal injury claim.

Candace Shekinah Afr. v. Parent · filed 2018-11-02

The plaintiff's personal injury and civil rights claims are subject to a three-year statute of limitations. See G. L. c. 260, §§ 2A, 5B. As alleged in the complaint, the plaintiff was injured on February 22 and 23, 2014, when the defendants used excessive force to remove her from her cell and denied her proper medical care. Therefore, she was required to file her complaint by February 24, 2017, at the latest. Her complaint, filed on March 7, 2017, was too late.

Section 2A gives tort claims a three-year limitations period that a request for declaratory relief over past mortgage fees cannot avoid.

Rego v. Select Portfolio Servicing, Inc. · filed 2019-02-22

SPS argues that Plaintiffs are attempting to plead their way around the three-year statute of limitations that applies to any allegedly tortious conduct that occurred before the parties agreed to the mortgage modification. ... To the extent that Plaintiffs’ claim is for a modification of their mortgage debt based on fees that were included in the principal when the modification was ... signed, the Court agrees.

Section 2A sets a three-year limitations period for conversion claims.

Cruickshank v. Dixon (In re Blast Fitness Grp., LLC) · filed 2019-04-30

The statute of limitations for conversion claims is three years. ... Accordingly, I cannot plausibly conclude that any conversion of BFG's right to receive the revenue streams took place during the applicable statute of limitations period.

Section 2A sets a three-year limitations period for personal-injury claims, which courts borrow for § 1983 claims brought in Massachusetts.

Miller v. SBA Towers V, LLC · filed 2019-07-08

For § 1983 claims, the Court ordinarily borrows the forum state's limitation period governing personal injury. ... "Massachusetts prescribes a three-year statute of limitations for personal injury actions." ... Miller filed this suit on August 7, 2018, more than three years after he knew or had reason to know of any injury arising from the failure to get notice of the ZBA proceedings.

Section 2A supplies the three-year limitations period for § 1983 claims brought in Massachusetts.

Sosa v. Massachusetts Department of Correction · filed 2019-08-02

The three-year statute of limitations prescribed by M.G.L. ch. 260, § 2A governs here. In other words, Sosa had three years from the date his claim accrued to bring a lawsuit. Absent any basis for tolling the statute of limitations, any claim that accrued prior to October 24, 2015 is time barred.

Section 2A gives a plaintiff three years to bring tort claims, including emotional distress, fraud, and tortious interference claims.

Budrow v. National City Mortgage Co. · filed 2022-10-26

Her tort-based claims—emotional distress, fraud, and tortious interference with a business relationship—are all subject to Mass. Gen. Laws ch. 260, § 2A’s three-year statute of limitations, which, even if they accrued at the last possible date in 2015, also expired prior to the filing of the complaint.

Section 2A gives a plaintiff three years to bring an action of tort.

THOMAS J. MANNING v. MICHAEL D. GARGAS & Others. · filed 2023-08-17

Manning's March 2022 complaint, filed one year beyond the period for bringing "actions of tort," G. L. c. 260, § 2A, was too late.

Section 2A’s three-year tort limitations period is not extended for product defamation or disparagement through the continuing tort doctrine.

Flotech, Inc. v. E.I. Du Pont De Nemours Co. · filed 1985-12-31

The Court concludes that, because Massachusetts courts have ruled upon the applicability of the continuing tort doctrine only with respect .to actions in trespass and nuisance, it is not the function of this Court to extend the limits the courts of the Commonwealth have imposed upon themselves. Accordingly, the Court will not expand the “continuing tort doctrine” in any of the ways suggested or implied by Flotech.

Section 2A’s three-year limitations period permits an action for a continuing nuisance when damage recurs within three years before filing.

Asiala v. City of Fitchburg · filed 1987-04-03

The evidence established that the instant case concerned a cause of action based on a continuing nuisance. There was ample evidence from which the jury could find that the nuisance at issue continued to cause damage to the plaintiff’s property after April 21,1978. Therefore, the plaintiff’s action was timely because it was commenced on April 22, 1981, less than three years after the damage occurred. G. L. c. 260, § 2A, as amended through St. 1973, c. 777, § 1.

Section 2A’s three-year period bars tort claims based on trade-secret misappropriation, fraud, and interference when a patent disclosed the alleged secret more than three years before suit; continued use of the patent does not restart the period.

Prescott v. Morton International, Inc. · filed 1990-12-19

Under Massachusetts law, an action in tort is governed by a three year statute of limitation. ... For these reasons, the use of patented information is neither continued misappropriation of trade secrets, nor continued fraud, nor continued interference with advantageous relationships. The plaintiff’s claims for those tort actions are barred by the statute of limitation.

Section 2A’s three-year limitations period does not treat lingering harm from a completed trespass or nuisance as a continuing wrong; recurring wrongful conduct is required.

Carpenter v. Texaco, Inc. · filed 1995-03-02

The judge rightly rejected this argument because a continuing trespass or nuisance must be based on recurring tortious or unlawful conduct and is not established by the continuation of harm caused by previous but terminated tortious or unlawful conduct.

Section 2A gives three years to bring a tort claim; each new trespass from recurring runoff can support a claim, but damages from trespasses outside the limitations period are barred.

Moylan v. Gordon Paving, Inc. · filed 2005-06-22

The limitations in tort runs in three years. G.L.c. 260, §2A. ... Therefore, while Moylan may recover for damages sustained from instances of continuing run-off caused by the paving of the way, she may not recover for any trespasses for which the statute of limitations has already run, or for any costs related to damages caused by the initial paving.

Section 2A gives a plaintiff three years from accrual to bring a tort claim; continuing trespass or nuisance can remain actionable when recurring harm occurs within that period.

Woods v. Brimm · filed 2010-08-02

Under the discovery rule, a genuine issue of material fact exists as to whether the Woodses’ cause of action accrued more than three years prior to the filing date, January 12, 2007. ... Because this alleged harm occurs even at the present, under the principle of continuing trespass or nuisance, the Woodses’ trespass and nuisance claims withstand a Statute of Limitations challenge even if the jury determines that the Woodses knew or should have known of the harm prior to three years before filing this suit.

Section 2A gives public nuisance claims a three-year limitations period; a continuing nuisance requires recurring wrongful conduct, not merely continuing harm.

The City of Boston v. Express Scripts, Inc. · filed 2025-02-11

In Massachusetts, public nuisance claims “shall be commenced only within three years next after the cause of action accrues.” Mass. Gen. Laws ch. 260, § 2A. ... Therefore, the continuing wrong doctrine does not save the City’s public nuisance claim.

Section 2A gives three years to bring a negligence claim; a claim against a new defendant arising from the same accident can relate back to a timely complaint.

Somerville v. Toshoku America, Inc. · filed 1996-05-09

The suit was timely filed against the original defendants, being filed less than three years from the date of Somerville’s accident. ... When an amended pleading states claims against a new party, the amended claims relate back to the date of filing of the original complaint as long as they arise out of the same conduct, transaction, or occurrence as the original complaint. ... The delay here amounted to ten months — the statute of limitations expired on August 5, 1993, and Saiag was served as a third-party defendant in early June 1994.

Section 2A gives a plaintiff three years after a tort claim accrues to file suit; disputed facts about tolling can prevent summary judgment on timeliness.

Scalfani v. Pacitto · filed 1997-08-08

In Massachusetts, a plaintiff must file a cause of action in tort within three years after the cause of action accrues. G.L.c. 260, §2A; Shahzade v. Gregory, 930 F.Sup. 673 (D.Mass. 1996). ... There are genuine issues of fact in dispute concerning the tolling of the statute of limitations with regard to the claims against all the defendants.

Section 2A’s three-year limit does not bar an amended claim that relates back to an original complaint filed within three years of the injury.

Curtis v. R.W. Granger & Sons, Inc. · filed 1998-10-15

The parties do not dispute that Curtis’s c. 93A claim found in the amended complaint “relates back” to the date of the original complaint for the purpose of calculating the three year statute of limitations period in G.L.c. 260, §2A. ... Thus, Curtis’s c. 93A claim is not barred by §2A as plaintiffs filed their original complaint (on August 30, 1995) within three years of Curtis’s August 31, 1992 accident.

Section 2A gives undue influence claims a three-year limitations period that begins when the plaintiff discovers or reasonably should discover the harm.

ERIKSON v. BRUCE ERIKSON & Others. · filed 2025-02-24

The three-year statute of limitations set out in G. L. c. 260, § 2A, applies to undue influence claims. ... The statute of limitations began to run after May 21, 2020, the date of Doris's death, so Wendy's claim, brought on September 15, 2020, was not time barred.