News & Analysis as of

ENI Holdings, LLC v. KBR Group Holdings, LLC, C.A. No. 8075-VCG (Del. Ch. Nov. 27, 2013) (Glasscock, V.C.)

In this opinion granting in part and denying in part a motion to dismiss counterclaims, the Court of Chancery held that the parties to a stock purchase agreement (“SPA”) had contractually agreed to shorten to one year the...more

Time’s Up: Supreme Court Upholds Enforcement of Claim Limitations in ERISA Plan Language

Christmas may have come a little early for plan administrators and companies looking for clarity in ERISA litigation. Last Monday, the U.S. Supreme Court ruled 9-0 in Heimeshoff v. Hartford Life & Accident Insurance Co. that...more

New Jersey’s General Statute of Limitations Now a Defense to Spill Act Claims for Contribution

The New Jersey Appellate Division just ruled that the general six-year statute of limitations for property damage claims applies to a private claim for contribution brought under the New Jersey Spill Compensation and Control...more

DC Court of Appeals Invalidates NLRB Rights Poster Holding Regulation Violates NLRA

A federal appeals court today rebuffed the NLRB’s attempt to require all employers under its jurisdiction to post in a “conspicuous” place in the workplace a poster that informs employees of their rights under the National...more

Supreme Court Unanimously Limits SEC’s Ability To Bring Civil Penalty Claims For Conduct Older Than Five Years

In Gabelli v. SEC, a unanimous Supreme Court held that the statute of limitations for “penalty” claims in governmental enforcement actions begins to run from the date of the underlying violation of the law, not when the...more

Northern District Of Ohio Holds TCPA Claim Not Equitably Tolled And Barred By Statute Of Limitations

In a case originally filed in 2007, and in which the Complaint was amended several times, Plaintiff asserted a TCPA claim, which was dismissed without prejudice for lack of subject matter jurisdiction. Other claims were also...more

California Supreme Court Clarifies Equitable Exceptions Applicable to Statute of Limitations in Unfair Competition Lawsuits

On January 24, 2013, the California Supreme Court in Aryeh v. Canon Business Solutions, Inc., clarified previously unsettled law by holding that the so-called “continuous accrual” common law theory of equitable tolling...more

Supreme Court Upholds Regulatory Time Limitations on PRRB Appeals

On January 22, 2013, the United States Supreme Court unanimously upheld the Secretary of HHS’s regulation establishing an absolute three-year limit for taking an appeal from a Notice of Provider Reimbursement (“NPR”). In...more

McCarn v. HSBC USA, Inc.: A Federal Court Dismisses a Plaintiff's Attempt to Apply Antitrust-Conspiracy Principles to a Consumer...

On November 13, 2012, the U.S. District Court for the Eastern District of California, in McCarn v. HSBC USA, Inc., 2012 U.S. Dist. LEXIS 162257, issued an important decision rejecting as inadequate a plaintiff’s attempt to...more

Supreme Court Hears Argument in Sebelius v. Auburn Regional Medical

On December 4, 2012, the Supreme Court heard oral argument in Sebelius v. Auburn Regional Medical Center (Docket No. 11-1231), a case which presents the question whether the Medicare statute’s 180-day time limit for filing...more

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