Arkansas S. Ct.: Legislature May Revive Cases Barred by Statute of Limitations

The Arkansas Supreme Court has ruled that the state legislature may revive civil claims after their limitation period has expired, reversing a rule the court had followed since 1846. The decision allows a law giving victims of child sexual abuse an opportunity to bring claims that were previously time-barred to withstand a constitutional challenge.

The court said the earlier rule had no sound constitutional foundation: the expiry of a limitation period does not give a defendant a vested property right to avoid being sued. It described limitation periods as legislative choices that balance timely claims against the risk of litigation based on faded memories or lost evidence. The ruling came in *H.C. v. Nesmith*, decided last week by a four-justice majority; courts in other states are divided on whether legislatures can revive expired claims.