Delaware Business Litigation Report

Court Of Chancery Upholds Survival Claim Limits

ENI Holdings LLC v. KBR Group Holdings LLC, C.A. 8075-VCG (November 27, 2013)

This is another decision holding that a contractual limit on when a claim "survives" is actually a limitation on when such a claim may be filed in court based on a breach of contract.  In short, survival clauses may shorten the statute of limitations.

The decision is also helpful in explaining that there is no requirement that the claim actually be known for it to expire and how to plead any of the several tolling doctrines that might apply to save such a claim.

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