On February 28, in the case of Mouton v. Tri-Met, 331 Or App 247 (2024), the Oregon Court of Appeals issued its ruling that the extended statute of limitations period in HB 4212 applicable to most civil actions came to an end on December 31, 2021. In this decision, the appellate court reviewed three consolidated negligence actions initiated in early 2022 that were all dismissed by the trial court as time barred. In their subsequent appeals, each plaintiff argued that their complaint was timely filed, relying on temporary legislation enacted in the early stages of the COVID-19 pandemic. This legislation, partly geared toward extending statutes of limitations for civil actions during extraordinary times, consists of Sections 6, 7, and 8 in House Bill (HB) 4212 (2020), as modified by Senate Bill (SB) 296 (2021) and SB 813 (2021). These legislative provisions are compiled in the Oregon Laws of 2020, Chapter 12 (1st Special Session) (HB 4212), amended by Oregon Laws of 2021, Chapter 199 (Regular Session) (SB 296), and Oregon Laws of 2021, Chapter 499 (Regular Session) (SB 813), collectively referred to as “HB 4212” here.
Each defendant contended that the dismissal of the action against them was proper. The essence of the dispute centered on a matter of statutory construction, necessitating a determination of when the extended statute-of-limitations period in HB 4212 concluded: December 31, 2021 (the repeal date); March 31, 2022 (90 days past the repeal date); or June 30, 2022 (90 days after the end of the COVID-19 state of emergency in Oregon). After examining the text, context, and legislative history, the court of appeals agreed with the trial courts' interpretation and affirmed the dismissals, finding that HB 4212 effectively extended the enumerated statutes of limitations through December 31, 2021. Consequently, civil cases initiated after December 31, 2021, are not subject to the temporary tolling under HB 4212.