News & Analysis as of

Due Diligence Statute of Limitations

McAfee & Taft

SCOTUS: Damages for copyright infringement not limited to three years for timely claims

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Recently, the U.S. Supreme Court resolved a split between the circuit courts over whether the Copyright Act’s three-year statute of limitations limits the damages a plaintiff may recover to a three-year period. The Court...more

Adams and Reese LLP

Grace is (Almost) Gone – Florida Shortens Construction Defect Lawsuits to Seven-Year Window, Beginning July 1, 2024

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On July 1, 2024, the time frame to report construction defects in the state of Florida shifts from 10 years to seven years, as the grace period ends for Florida Senate Bill 360....more

Benesch

New Statute of Limitations Impacts M&A and International Trade Compliance

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New developments in international trade laws will have tangible and far-reaching impacts on transactions as well as day-to-day business operations.  President Biden’s signing of HR 815 means that once time-barred historic...more

McAfee & Taft

Gavel to Gavel: Limits on copyright infringement not limited

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Earlier this month, the U.S. Supreme Court resolved a split between the circuit courts over whether the Copyright Act’s three-year statute of limitations limits the amount of damages a plaintiff may recover to a three-year...more

AEON Law

Patent Poetry: Supreme Court: No Time Limit on Monetary Recovery in Copyright Cases

AEON Law on

The US Supreme Court has ruled in favor of Sherman Nealy, a record producer who sued Warner Music for copyright infringement over a 2008 song by rapper Flo Rida, finding “there is no time limit on monetary recovery” in...more

Wiley Rein LLP

Supreme Court Determines Some Copyright Owners Can Recover Damages Beyond the Statute of Limitations

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On May 9, 2024, the U.S. Supreme Court issued its decision in Warner Chappell Music Inc. et al. v. Sherman Nealy et al. (No. 22-1078), holding that copyright owners can recover damages going back more than three years based...more

Snell & Wilmer

Supreme Court Hold Copyright Act’s Statute of Limitations Does Not Limit Damages Period

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The U.S. Supreme Court held the Copyright Act’s three-year statute of limitations does not equate to a three-year limit on damages when plaintiffs bring claims under the Act using the discovery rule doctrine. In doing so,...more

King & Spalding

New Ten-Year Statute of Limitations for Sanctions Violations

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Implications Related to the Doubling of the Statute of Limitations for Civil and Criminal Violations of Two Primary Sanctions Authorities - SUMMARY - On April 24, 2024, President Biden signed into law a foreign military...more

Vondran Legal

The Professional Copyright Plaintiff and the Statute of Limitations

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There are many different types of Copyright plaintiffs who sue for unlawful and unlicensed use of their copyright-registered content. For example, our firm has dealt with the following types of copyright defense brought by...more

White and Williams LLP

Improvement or Malpractice? Florida Court of Appeals Addresses Applicable Statute of Limitations

In Am. Auto. Ins. Co. v. FDH Infrastructure Servs. LLC., No. 3D22-1143, 2023 Fla. App. LEXIS 3662, the Court of Appeals of Florida, Third District (Court of Appeals) addressed whether Florida’s two-year statute of limitations...more

Butler Snow LLP

Why Exercise is Important to a Healthy Legal Diet: Texas’s Discovery Rule will not save a party owed a fiduciary duty if it does...

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In Texas, the Discovery Rule defers accrual of a cause of action, and thus delays the running of the statute of limitations, until a party knows or, if exercising reasonable diligence, should have known about the facts that...more

White and Williams LLP

PA Supreme Court Limits Exceptions to Otherwise Time-barred Childhood Sexual Abuse Cases Against Institutional and Corporate...

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Earlier today, the Pennsylvania Supreme Court held that a victim of childhood sexual abuse must exercise due diligence to discover whether an institutional or corporate principal of the abuser is also a cause of their...more

Adler Pollock & Sheehan P.C.

Rhode Island Supreme Court Imposes A New Time Limitation On Original Homeowners To Discover Latent Defects

In a case of first impression, the Rhode Island Supreme Court this term held that a homeowner has (1) ten years following the substantial completion of an improvement to real property to discover a latent defect and (2) three...more

Shumaker, Loop & Kendrick, LLP

What Every HOA and Condo in Transition/Turnover Should Know About Florida’s Statutes of Limitations and Repose

Florida’s Statute of Limitations and Statute of Repose for construction and design defect claims are each contained in § 95.11(3)(c), Florida Statutes, which provides, in relevant part: We are frequently retained by...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Transactional Environmental Issues: Federal Court Addresses Buyer/Seller Dispute Regarding Post-Closing Remediation...

The United States District Court for the Eastern District of Louisiana (“Court”) addressed in a May 30th opinion a dispute between a buyer and seller of real property related to a contract provision addressing responsibility...more

White and Williams LLP

Texas Court of Appeals Confirms That, in Order to “Bring Suit” Within the Statute of Limitations Period, a Plaintiff Must Exercise...

In Molina v. Gears, 2018 Tex. App. LEXIS 1978 (March 20, 2018), the Texas Court of Appeals addressed the issue of whether a plaintiff who timely-filed a complaint exercised due diligence with respect to serving the complaint....more

Holland & Knight LLP

Texas Court: Service of Process for Civil Suits Must Occur Within Statute of Limitations - Or Plaintiff Must Demonstrate Diligence...

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• Under Section 16.003 of the Texas Civil Practice and Remedies Code, a plaintiff must "bring suit" on claims for, among other things, personal injury or wrongful death within a two-year statute of limitations. • In a...more

Bass, Berry & Sims PLC

U.S. Dental Supply Company Penalized for Violating Iran Sanctions

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•Many medical products can be exported to Iran – so long as a license is obtained •Imposition of successor liability underscores importance of pre-transaction due diligence •OFAC enforcement, as in the past, continues...more

Carlton Fields

Court Tosses Time-Barred Rico Claims Alleging Captive Reinsurance Kickback Scheme

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Plaintiffs asserted class claims for RICO violations based on allegations that Bank of America referred borrowers to private mortgage insurance providers in exchange for kickbacks, funneled through a captive reinsurance...more

Cohen Seglias Pallas Greenhall & Furman PC

It's Good to be King: Time to File a Lawsuit Does Not Run Against the Pennsylvania Government

In the recent case of Township of Salem v. Miller Penn Development, LLC, the Pennsylvania Commonwealth Court invoked the often overlooked doctrine of nullum tempus occurrit regi. Read literally as “time does not run against...more

Proskauer Rose LLP

The ERISA Litigation Newsletter - June 2015

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Editor's Overview - In this month's newsletter, Anthony Cacace analyzes the heavily anticipated Supreme Court ruling in Tibble v. Edison Intl., 135 S. Ct. 1823 (2015), where the Court held that ERISA's fiduciary duty of...more

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