Which SOL applies?
Client terminated in March 2011 for alleged violation of Oklahoma Drug Testing Act. In March 2011, the Act allowed for civil actions for violations of the Act filed with 2 years of termination. 40 OS 563. This would give client until March 2013 to file suit. In November 2011, the Act changed to only 1 year SOL. This would give client until March 2012 to file suit.
So which SOL applies??? Since the cause of action arose BEFORE the Nov 2011 change, should client get to use the previous substantive law??
Answer: The statute of limitations in force when the right accrued applies so he has until March, 2013. See: Resolution Trust Corp. v. Wright, 868 F.Supp 301, 303-305: "A "vested" right may be created by either common law or by statute. See Oklahoma Water Resources Board v. Central Oklahoma Master Conservancy District,464 P.2d 748, 755 (Okla.1968). "Once created, it becomes absolute, and is protected from legislative invasion by Art. 5, Secs. 52and54 of our Constitution."Id.The Oklahoma Supreme Court has stated, "As a general rule,*305the accrual of a cause of action means the right to institute and maintain a suit, and whenever one person may sue another a cause of action has accrued ..."Cowart v. Piper Aircraft Corp.,665 P.2d 315, 318 (Okla.1983).See also Hammons v. Muskogee Medical Center Authority,697 P.2d 539 (Okla.1985). The time of accrual is determined by when the plaintiff could first maintain suit. Cowart,665 P.2d at 318.The failure to exercise an accrued right before its repeal or amendment by statute in no way affects or lessens the right. Hammons, 697 P.2d at 542.A legislature may only extinguish the accrued right prospectively.Ricks,695 P.2d at 504."
Posted on Thu, March 28, 2013
by Travis Law Office filed under