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During its 2023 legislative session, the Colorado General Assembly repealed the state's prior antitrust law — the Colorado Antitrust Act of 1992 — and passed the Colorado State Antitrust Act of 2023.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