Plaintiff Sat on Her Rights and Lost Them
Barry Zalma
Read the full article at https://lnkd.in/gVXjrP5v and at https://zalma.com/blog.
Sharon Motley appealed the district court’s dismissal of her putative class action brought against Hal Taylor in his official capacity as Secretary of the Alabama Law Enforcement Agency (“ALEA”) for failing to warn her that her drivers license was suspended. In Sharon Motley, on behalf of herself and those similarly situated v. Hal Taylor, in his official capacity as Secretary of the Alabama Law Enforcement Agency, No. 20-11688, United States Court of Appeals, Eleventh Circuit (May 12, 2022)
FACTUAL BACKGROUND
In 2013, the Montgomery County District Court ordered Motley to pay fines and court costs after she pled guilty to a traffic ticket. Motley did not pay the ticket because she could not afford to do so. Motley’s driver’s license was suspended for failure to pay her fines. She had not received prior notice that her driver’s license would be suspended if she did not pay the ticket. Before suspending her license for failure to pay, neither the court nor ALEA-which administers all state laws relating to the operation of vehicles-held a hearing to determine whether her failure to pay was willful.
Employers rescinded job offers to Motley after learning of Motley’s suspended driver’s license because without a valid license it was impossible for her to perform certain job functions like deposit checks or travel for work.
Motley’s Lawsuit
Motley sued Taylor in his official capacity, seeking declaratory and injunctive relief on behalf of herself and a putative class of “[a]ll individuals whose driver’s licenses are suspended for nonpayment of traffic tickets.”
Motley’s complaint alleged in a single claim that Alabama R. Crim. P. 26.11(i)(3)-which authorizes license suspensions for failures to pay traffic fines-violates the Equal Protection and Due Process Clauses of the Fourteenth Amendment.
Specifically, Motley alleged that Rule 26.11(i)(3) authorizes the suspension of a driver’s license for nonpayment of traffic fines or court costs without prior notice, the opportunity to be heard, or an express finding that the individual is able to pay and willfully failed to do so.
The district court (1) denied Taylor’s motion to dismiss to the extent it was based on the statute of limitations but (2) granted Taylor’s motion to dismiss for failure to state a claim on the merits.
DISCUSSION
The parties agree that, because Motley filed her claim under 42 U.S.C. § 1983 in Alabama, the applicable statute of limitations period is two years. The statute of limitations begins to run on the date where the facts which would support a cause of action are apparent or should be apparent to a person with a reasonably prudent regard for his rights.
The district court found that
the state court suspended Motley’s driver’s license for failure to pay in December 2013; and
she knew or should have known of her suspended license before July 3, 2017.
Thus, Motley’s two-year clock began to run sometime before July 3, 2017, and her claim was time-barred unless an exception to the statute of limitation applies.
IS THERE AN EXCEPTION TO THE STATUTE
Motley argued that the indefinite suspension of her license was a continuing violation. A plaintiff may bring an otherwise time-barred claim when additional violations occur within the statutory period. Applying the continuing violation doctrine the appellate court must distinguish between the present consequence of a one time violation, which does not extend the limitations period, and the continuation of that violation into the present, which does. The continuing violation doctrine is not triggered merely because the harm caused by the defendant’s action continues after the limitations period.
Motley alleged a continuing harm, not a continuing violation. While Motley’s claim does encompass an equal protection injury, that injury stems from the alleged due process violations, all of which occurred on or before December 20, 2013, when her license was suspended.
The court concluded that all of Motley’s alleged injuries stem from the 2013 suspension of her driver’s license without an opportunity to be heard or to prove her indigency. Accordingly, her claim is time-barred.
Motley’s claim against Taylor accrued at least sometime before July 3, 2017. Thus, her complaint was untimely when she filed it on July 3, 2019. And the continuing violation doctrine does not apply to save her from the statute of limitations.
ZALMA OPINION
Stale claims make it impossible for a court to deal fairly with an allegation of wrongdoing because witnesses either forget or are unavailable to testify. No litigant should be required to defend against a stale claim. Motley, perhaps because the suit was frivolous, waited four years after the accrual of a cause of action to sue and, therefore, her case was dismissed and the trial court’s decision was affirmed.
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(c) 2022 Barry Zalma & ClaimSchool, Inc.
Barry Zalma, Esq., CFE, now limits his practice to service as an insurance consultant specializing in insurance coverage, insurance claims handling, insurance bad faith and insurance fraud almost equally for insurers and policyholders. He practiced law in California for more than 44 years as an insurance coverage and claims handling lawyer and more than 54 years in the insurance business. He is available at http://www.zalma.com and [email protected].
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Policy Limits Demand Accepted Settles Claim
Post 5434
Posted on August 26, 2026 by Barry Zalma
See the full video at https://lnkd.in/g-ZtsSgK and at https://lnkd.in/ghMBdYWR
A Contingent Offer Accepted Ends the Dispute
In Farmers Insurance Exchange, a California Reciprocal Insurance Exchange, The Superior Court For The County Of San Bernardino, Kathleen Ann Wood, E087128, California Court of Appeals, (July 9, 2026) Farmers Insurance Exchange insured Doyle Archer under an automobile policy with bodily injury limits of $15,000 per person and $30,000 per accident.
FACTUAL BACKGROUND
Archer rear-ended Kathleen Ann Wood at a red light, causing Wood to assert a bodily injury claim against him. Wood’s counsel sent Farmers a pre-litigation settlement demand offering to resolve Wood’s claim for the available policy limits, stating that if the $100,000 demand exceeded the policy, the offer was for the policy limits.
Farmers timely responded in writing, agreed to pay Wood the $15,000 per-person policy limit, and provided the requested ...
Policy Limits Demand Accepted Settles Claim
Post 5434
Posted on August 26, 2026 by Barry Zalma
See the full video at https://lnkd.in/g-ZtsSgK and at https://lnkd.in/ghMBdYWR
A Contingent Offer Accepted Ends the Dispute
In Farmers Insurance Exchange, a California Reciprocal Insurance Exchange, The Superior Court For The County Of San Bernardino, Kathleen Ann Wood, E087128, California Court of Appeals, (July 9, 2026) Farmers Insurance Exchange insured Doyle Archer under an automobile policy with bodily injury limits of $15,000 per person and $30,000 per accident.
FACTUAL BACKGROUND
Archer rear-ended Kathleen Ann Wood at a red light, causing Wood to assert a bodily injury claim against him. Wood’s counsel sent Farmers a pre-litigation settlement demand offering to resolve Wood’s claim for the available policy limits, stating that if the $100,000 demand exceeded the policy, the offer was for the policy limits.
Farmers timely responded in writing, agreed to pay Wood the $15,000 per-person policy limit, and provided the requested ...
The Largest Residential Burglary of All Time
Post 5407
Fraud & the Fear of Bad Faith Suits
Posted on July 22, 2026 by Barry Zalma
See the full video at https://lnkd.in/gWQQEySW and at https://lnkd.in/gyhdK6wv
This is a Fictionalized True Crime Story of Insurance Fraud explaining why Insurance Fraud is a “Heads I Win, Tails You Lose” situation for Insurers. The story is one of a collection designed to help to Understand How Insurance Fraud in America is Costing Everyone who Buys Insurance Thousands of Dollars Every year and Why Insurance Fraud is Safer and More Profitable for the Perpetrators than any Other Crime.
This is a Fictionalized True Crime Story of Insurance Fraud explaining why Insurance Fraud is a “Heads I Win, Tails You Lose” situation for Insurers. The story is one of a collection designed to help to Understand How Insurance Fraud in America is Costing Everyone who Buys Insurance Thousands of Dollars Every year and Why Insurance Fraud is Safer and More Profitable for the Perpetrators than any Other Crime.
After ...
Communications with Arson Investigation is Privileged
Post 5488
Posted on September 11, 2026 by Barry Zalma
ACE Was Not Required To Produce Any Disputed Document Because Each Was Protected By The Attorney-Client Privilege, or The Work-Product Doctrine.
See the full video at and at https://rumble.com/v7fbzvo-arson-for-profit-is-ground-to-deny-claim.html
In Rubesne Resources LLC, a Colorado Limited Liability Company v. ACE Property And Casualty Insurance Company, a Foreign Corporation, Civil Action No. 1:24-cv-02300-DDD-SBP, United States District Court, D. Colorado (August 30, 2026) Rubesne Resources LLC sought insurance coverage from ACE Property and Casualty Company after a January 5, 2024 fire destroyed its business.
South Metro Fire Rescue classified the ignition as intentional, and ACE’s retained expert concluded that gasoline had been poured in multiple areas and ignited. ACE retained coverage and subrogation counsel, National Subrogation Services, and a cause-and-origin expert ...
Arson for Profit is Ground to Deny Claim
Posted on September 11, 2026 by Barry Zalma
Communications with Arson Investigation is Privileged
Post 5488
ACE Was Not Required To Produce Any Disputed Document Because Each Was Protected By The Attorney-Client Privilege, or The Work-Product Doctrine.
See the full video at and at https://rumble.com/v7fbzvo-arson-for-profit-is-ground-to-deny-claim.html
In Rubesne Resources LLC, a Colorado Limited Liability Company v. ACE Property And Casualty Insurance Company, a Foreign Corporation, Civil Action No. 1:24-cv-02300-DDD-SBP, United States District Court, D. Colorado (August 30, 2026) Rubesne Resources LLC sought insurance coverage from ACE Property and Casualty Company after a January 5, 2024 fire destroyed its business.
South Metro Fire Rescue classified the ignition as intentional.
After reviewing the disputed documents in camera, the court found that each was protected.
LAW
Colorado Revised Statutes § 10-4-1003 requires ...
Referral of Claims to its SIU Is Not Bad Faith
Post 5487
Posted on September 10, 2026 by Barry Zalma
In WIZ Collision, LLC, on behalf of itself and as assignee of Jawara Small, Chester Street LLC, and Aziz Brooks v. GEICO Corporation, No. 25-cv-4201 (KAM)(JAM), United States District Court, E.D. New York (August 28, 2026) Wiz Collision, a New York City auto-body shop, regularly repaired vehicles and submitted insurance claims for customers. It alleged that GEICO repeatedly approved claims and repairs, then referred certain claims to its Special Investigations Unit, stopped issuing payments, and delayed resolution despite ultimately finding no fraud.
Wiz Collision sued on its own behalf and as purported assignee of three customers, asserting contract, good-faith, consumer-protection, and injunctive claims. GEICO removed the case and moved to dismiss under Rule 12(b)(6).
LAW
Under Rule 12(b)(6), a complaint must plead facts supporting a facially plausible claim. Article III standing requires a concrete injury, ...
