Devil’s in the Details

December 19, 2012

Just got back an arbitration award in favor of the Defendant (my client) in a collection case.  This was a case that frankly, I was not confident I was going to win.  The panel agreed with my argument that the complaint was brought outside the applicable statute of limitations, which in this case was a 3-year limitation under the state law applicable to the contract at issue.  Attorneys often argue statutes of limitations, unclean hands, and other standard new matters as a matter of course, without a second thought.  Yesterday the details mattered, and because of that my client prevailed.  Sure, it’s the arbitration stage, and the collector may yet appeal, but victory is still pretty sweet.