Statute of limitations: definition: even if the
Convention were subject to a presumption that statutes of limitations may be tolled,
Article 12’s 1-year period is not a statute of limitations. Statutes of
limitations embody a “policy of repose, designed to protect defendants,” Burnett
v. New York Central R. Co., 380 U. S. 424, 428, and foster the
“elimination of stale claims, and certainty about a plaintiff’s opportunity for
recovery and a defendant’s potential liabilities,” Rotella v. Wood,
528 U. S. 549, 555. Here, the remedy the Convention affords the left-behind
parent— return of the child—continues to be available after one year, thus
preserving the possibility of relief for that parent and preventing repose for
the abducting parent. The period’s expiration also does not establish certainty
about the parties’ respective rights. Instead, it opens the door to
consideration of a third party’s interests, i.e., the child’s interest
in settlement. Because that is not the sort of interest addressed by a statute
of limitations, the 1-year period should not be treated as a statute of
limitations. (U.S.S.Ct., 05.03.2014, Lozano v. Montoya Alvarez, Docket 12-820,
J. Thomas, unanimous).
Wednesday, March 5, 2014
Lozano v. Montoya Alvarez, Docket 12-820
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