[qyph]

Are you a lawyer? IANAL but my understanding is it would be difficult for an appeal to succeed. Appeals courts only evaluate review matters of law, not of fact. Whether is has been more than the 3 year limit the statute of limitations places is a matter of fact I think. And the advisory jury makes this much harder to appeal. What do you think the grounds for appeal will be?

[colechristensen]

I'm not saying it will succeed, but what counts as having passed the statue of limitations and various workarounds and modifications of the time period particularly in cases like this where the acts in question weren't necessarily a single event but progressive activity is the kind of question which is the bread and butter of an appeals court.

[turtlesdown11]

> particularly in cases like this where the acts in question weren't necessarily a single event but progressive activity is the kind of question which is the bread and butter of an appeals court.

No, findings of disputed fact - like when Musk had reason to know of his injury, are determined by a jury (or a bench judge). Appeals courts examine whether the law was applied correctly, not what the jury's fact finding was. There may be an avenue of appeal that the jury was improperly instructed, but determining questions of fact are exactly -not- the bread and butter of an appeals court.