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

- URL: https://talkfuse.com/story/arkansas-s-ct-legislature-may-revive-cases-barred-by-statute-of-limitations/
- Published: 2026-11-12T16:04:11+00:00
- Updated: 2026-11-12T16:23:57+00:00
- Original publisher: Reason (publisher lean: Right)
- Original article: https://reason.com/volokh/2026/11/12/arkansas-s-ct-legislature-may-revive-cases-barred-by-statute-of-limitations/
- Topics: Politics

## Key points

- Arkansas can revive civil claims barred by expired limitation periods.
- The ruling overturns a precedent dating to 1846.
- The case concerns claims by victims of child sexual abuse.

## Summary

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.

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Summarised by TalkFuse (https://talkfuse.com/). Quote the original publisher for the reporting and link this page for the summary and discussion.