Chapter 16-18 Laches

• Jurisdiction: United States

16-18 Laches

Laches is a similar concept to the statute of limitations. However, whereas the statute of limitations presents a hard deadline within which the plaintiff must bring suit, laches operates as an equitable device limiting the availability of equitable causes of action. Because of its equitable nature, laches does not impose a hard deadline within which the plaintiff must bring suit. Furthermore, a defendant may not assert laches when the plaintiff is pursuing a purely legal right.¹⁶⁶ Whether a right is "purely legal" looks to the substance, rather than the form of the right.¹⁶⁷

16-18:1 Elements

(1) Unreasonable delay in asserting a legal or equitable right;¹⁶⁸ and

(2) A good faith change in position by the defendant because of the delay.¹⁶⁹

16-18:2 Other Substantive Issues

Generally, laches will not bar a suit which is brought within the limitations period.¹⁷⁰ However, there are extraordinary circumstances where laches would prohibit the plaintiff's suit even if brought within the limitations period.¹⁷¹ These instances include where...