The Appellate Group

Accesslex Institute v. Philpot

Accesslex Institute v. Philpot, 2023 UT App 21 (Harris, J.)


Accesslex sued Mr. Philpot for breach of contract after he defaulted on a series of student loans that he had received from Accesslex. At trial, Mr. Philpot argued that Pennsylvania law should apply under Utah’s borrowing statute (Utah Code section 78B-2-103). Pennsylvania law places a four year statute of limitations on the relevant claim, whereas Utah law allows the claim to be brought within six years. The district court held that Mr. Philpot failed to meet his burden to show that Pennsylvania law should apply. The court of appeals affirmed, holding:

  • Mr. Philpot’s timeliness argument constituted an affirmative defense. In civil cases, defendants bear the burden of proving the application of an affirmative defense. The appellant repeatedly failed to meet that burden.

Read the full court opinion