Harding v. K.C. Wall Products, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that § 60-513(b) is a substantive statute of repose because it relieves defendants of liability for long-past claims, regardless of whether the claims have actually accrued
• distinguishing between statute of repose as substantive and statute of limitations as procedural; determining defendant had no vested right in statute of limitations
• implying amendment to statute of repose could not apply retroactively; however, amendments in question dealt only with statute of limitations
• right to a defense based on expiration of statute of repose is a vested right
• a statute of limitations is “remedial and procedural” but a statute of repose is substantive
• The “legislature cannot revive a cause of action barred by a statute of repose, as such action would constitute the taking of property without due process.” (emphasis in original)

Source: CourtListener parenthetical corpus (CC0).