News & Analysis as of

Cause of Action Accrual Statute of Limitations

DarrowEverett LLP

Survival Periods and Delaware’s Statute of Limitations in M&A

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Delaware is well known as a favored jurisdiction for mergers and acquisition deals, and for good reason — the jurisdiction’s business-friendly legal environment offers numerous efficiencies and predictability. Attorneys and...more

Wiley Rein LLP

Supreme Court Decides That Parties May Facially Challenge Regulations – No Matter How Old – Within Six Years of Injury

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Last week, in Corner Post, Inc. v. Board of Governors of the Federal Reserve System, the U.S. Supreme Court held that the six-year statute of limitations that applies to facial challenges of agency action under the...more

Littler

New Jersey Court Clarifies Application of 2019 Wage and Hour Law Amendments

Littler on

On August 6, 2019, New Jersey’s wage and hour laws were amended to include liquidated damages on some claims, a new retaliation cause of action, and expansion of the statute of limitations from two to six years (the “2019...more

Weintraub Tobin

Nirvana Stuck in Lawsuit Over Nevermind Album Cover

Weintraub Tobin on

In 1991, the grunge band, Nirvana, was one of the most popular musical acts in the U.S. with its anthem Smells Like Teen Spirit, which was featured on its album, Nevermind. Many will remember the cover of Nevermind that...more

White and Williams LLP

What a Difference a Day Makes: Mississippi’s Discovery Rule

White and Williams LLP on

The discovery rule applies to latent injuries, such that the statute of limitations does not begin to run until the plaintiff knows of or should have known of the injury. In Western World Ins. Group v. KC Welding, LLC, No....more

Freiberger Haber LLP

Amended Complaints, New Defendants and the Relation-Back Doctrine

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“A” brings an action against “B”. The causes of action asserted against “B” are all timely for statute of limitations purposes. Following discovery, “A” learns that “C” played a material role in the facts and...more

Dorsey & Whitney LLP

Whose Song Is It Anyway? Questions about Samples in Flo Rida and will.i.am’s Hit “In the Ayer” Soar to the Supreme Court

Dorsey & Whitney LLP on

On September 29, 2023, the Supreme Court granted certiorari in Warner Chappell Music, Inc. v. Nealy, a case that should resolve a split among the U.S. Courts of Appeal relating to the scope of damages available to copyright...more

Morrison & Foerster LLP - Left Coast Appeals

This Week At The Ninth: ERISA and FERC

This week, the Ninth Circuit considers ERISA claims alleging that a plan administrator unlawfully utilized internal guidelines more stringent than the terms of plaintiffs’ plans and the statute of limitations for an action by...more

Foley & Lardner LLP

Colorado Antitrust Reform Carries Broad State Impact

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During its 2023 legislative session, the Colorado General Assembly repealed the state's prior antitrust law — the Colorado Antitrust Act of 1992 — and passed the Colorado State Antitrust Act of 2023. On June 7, Colorado...more

Willcox & Savage

Virginia Creates New Cause of Action for Adult Victims of Sexual Abuse Against a “Person of Authority”

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On March 15, 2023, Virginia Governor Glen Youngkin signed House Bill 1647 into law. The new law amended and reenacted Virginia Code § 8.01-243 to create a civil cause of action for injury to a person 18 years of age or older...more

Eversheds Sutherland (US) LLP

From bad to worse: Two Illinois Supreme Court decisions expand scope of potential damages under Biometric Information Privacy Act

For several years, companies that collect, use, and store the biometric information of Illinois residents have lived in fear of violating the Biometric Information Privacy Act (BIPA), due to a tidal wave of class action...more

McGlinchey Stafford

When do the AAA Rules Govern Arbitrability? - Commercial Law Bulletin April 25 2022

McGlinchey Stafford on

Ohio- Excess Sale Proceeds Royal Oaks Landmark, LLC v. Royal Oak Cal, LLC, 12th Dist. Clermont No. CA2021-06-025, 2022-Ohio-1144- In this appeal, the Twelfth Appellate District affirmed the trial court’s decision,...more

Lowenstein Sandler LLP

Is New York or Delaware More Protective of the Freedom to Contract? Two Important New York Decisions on the Accrual of Breaches of...

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New York and Delaware each enjoy an excellent reputation in the business world and typically provide the governing laws and are the jurisdictions of choice in domestic (and many international) commercial contracts. But which...more

Harris Beach PLLC

Consumer Credit Fairness Act Signed Into Law

Harris Beach PLLC on

On November 8, 2021, Governor Hochul signed into law the Consumer Credit Fairness Act (Legislation S.153/A.2382). The intent behind the legislation is to protect consumers from abusive debt collection practices. The Act...more

Freeman Law

Texas Law and Tortious Interference with Prospective Business Relations

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Tortious interference with business relations involves a third party using false claims against a business in order to drive business away or prevent the business from entering a relationship with another party. The key...more

Rumberger | Kirk

Court Clarifies Applicability of Statute of Limitations for the Medicare Secondary Payer Act’s Private Cause of Action

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RumbergerKirk attorneys Nicole Smith, Samantha Duke, and Jeffrey Grosholz secured a final summary judgment in MSPA Claims 1, LLC v. Tower Hill Prime Insurance Co. in the United States District Court for the Northern District...more

White and Williams LLP

Court Confuses Insurance Policy for Reinsurance Contract in Determining When Cause of Action Accrues

White and Williams LLP on

In a recent decision dismissing claims against a workers compensation insurer as time barred, a New York trial court briefly addressed the often perplexing issue of when a cause of action accrues for breach of insurance and...more

Butler Snow LLP

50-State Survey of Statutes of Limitations and Repose in Prescription Product Liability Cases

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This article relates to personal injury limitations; there may be different limitations periods for other product liability claims (e.g., those that sound in warranty or fraud). Statutes of limitations and statutes of...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at The Ninth: Debarred and Debugged

This week, the Court knocks down a party’s argument that it was “de facto debarred” from exporting activities under the Arms Export Control Act, and explains what exactly triggers the statute of limitations in Wiretap Act...more

Proskauer - Minding Your Business

Tolling Statutes of Limitations in Products Liability Cases: Latent Injury or Unknown Cause?

Consider a hypothetical person named Jane, who bought a chair twenty years ago. The chair was designed to help relieve back pain, but it actually made it worse. Because Jane was trying many different remedies, she did not...more

Hudson Cook, LLP

Discovering a Limit to Power: A Statute of Limitations Applied to the CFPB

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The substantial powers of the Consumer Financial Protection Bureau (CFPB) have recently received renewed attention following the U.S. Supreme Court's decision in Seila Law LLC v. CFPB. That case held that the CFPB was...more

Downs Rachlin Martin PLLC

VSC Rules "Date Of Loss" Not Ambiguous

Brillman v. New England Guaranty Ins. Co., 2020 VT 16 (Feb. 21, 2020) - In this insurance coverage decision, the Vermont Supreme Court determined that the “date of loss,” which starts the clock running on the one-year...more

Hinshaw & Culbertson - The LHD/ERISA Advisor

The LHD/ERISA Advisor - October 2020: District Court Holds Breach of Contract Claims are Time-Barred

Plaintiff Gene Myers (“Plaintiff”), a physician, made a claim for individual disability insurance (IDI) benefits under an individual disability policy arising from low back injury caused by wearing a heavy leaded gown worn...more

Hinshaw & Culbertson - Lawyers for the...

Plaintiff's Successor Counsel Not Liable for Contribution Where Underlying Case Was "Irretrievably Lost" Before He Was Retained

McNellis-Wallace v. Hoffman, et. al., Superior Court of New Jersey, Appellate Division, Docket No. A-1488-19T1 - Brief Summary - A New Jersey appellate court held that a defendant in a malpractice case could not maintain a...more

Gray Reed

Limitations Bars an Heirship Proceeding

Gray Reed on

Estate of Trickett was a dispute over heirship of Claralyn Trickett, possibly the wife of Robert Bowerman (who must have forgotten to divorce his previous wife)....more

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