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Executive Orders Statute of Limitations

Rivkin Radler LLP

First, Second and Third Departments All Hold That COVID Executive Orders Tolled NY’s Statutes of Limitations

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Only weeks ago, the Appellate Division, Second Department issued its McLaughlin decision reaffirming Brash– another Second Department decision which we wrote about on August 4, 2021. As we discussed in our blurb, Brash was...more

Dechert LLP

DOJ Expands Cryptocurrency Enforcement with Formation of Prosecutors Network

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In response to President Biden’s March 9, 2022 Executive Order on digital assets, the DOJ announced the formation of a new network of prosecutors tasked with becoming specialists in investigating and prosecuting alleged...more

Weber Gallagher Simpson Stapleton Fires &...

Effects of Former New York Gov. Cuomo’s Executive Orders on Statutes of Limitations

On March 7, 2020, then Governor Andrew A. Cuomo issued Executive Order No. 202, declaring a disaster emergency for the entire State of New York due to COVID-19. On March 20, 2020, Executive Order No. 202.8 was issued, which...more

Tarter Krinsky & Drogin LLP

New York Tolls Legal Deadlines In Response to COVID-19

One of the many lasting impacts of the COVID-19 pandemic is the lengthy tolling of statutes of limitations and legal deadlines. On March 20, 2020, Governor Cuomo issued Executive Order No. 202.8 to extend deadlines “for the...more

Rivkin Radler LLP

Update: Gov. Cuomo’s Executive Orders Tolled NY’s Limitation Periods

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In April 2020, in an article entitled, “Coronavirus and Statutes of Limitations in New York: A Lingering Effect?”, we discussed Governor Cuomo’s Executive Order 202.8, issued in the first year of the Covid-19 pandemic. We...more

Sheppard Mullin Richter & Hampton LLP

The Second Department Weighs in on Tolling vs. Suspension of Statutes of Limitation Pursuant to Governor Cuomo’s COVID-era...

In “Governor Cuomo’s “Tolling” of New York Statutes of Limitation Has Ended, But What Did It Accomplish?”, we examined the debate surrounding whether Governor Cuomo’s Executive Order No. 202.8 and subsequent orders up to and...more

Sheppard Mullin Richter & Hampton LLP

Governor Cuomo’s “Tolling” of New York Statutes of Limitation Has Ended, But What Did It Accomplish?

Statutes of limitation were “tolled” in New York by Executive Order No. 202.8, issued by Governor Andrew M. Cuomo on March 20, 2020 in response to the COVID-19 pandemic. Over the next six-and-a-half months, that toll was...more

BCLP

NY Court of Appeals on the Foreclosure Statute of Limitations

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The New York Court of Appeals’ decision last week, Freedom Mortgage Corp v. Engel, contains two “reliable and objective rules permitting consistent application of the statute of limitations.” What are those rules?  ...more

Holland & Knight LLP

Are New York Executive Orders a True Tolling of Statute of Limitations or Merely a Grace Period?

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Every state requires a lawsuit to be filed within a given time — i.e., before the statute of limitations expires. In New York, a breach of contract action must be filed within six years of the alleged "breach." For example,...more

Miller Starr Regalia

Governor Extends Conditional Suspension of Requirements Related to Posting CEQA Notices with County Clerks

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In late September, Governor Newsom signed Executive Order N-80-20 (“EO 80-20”), which, among other things, extends the protections of a handful of previously issued executive orders related to COVID-19.  As relevant to CEQA...more

Snell & Wilmer

California Judicial Council Votes to Rescind Prohibitions on Eviction and Foreclosure Proceedings

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The California Judicial Council’s emergency rules staying evictions and judicial foreclosures are coming to an end. On March 27, 2020, the Governor of California issued executive order N-38-20, giving the Judicial Council...more

Farella Braun + Martel LLP

Judicial Council Ends Statewide Eviction and Foreclosure Moratorium; Local Orders Remain in Effect

On August 13, 2020, the Judicial Council of California (a body representing the California State Courts) voted to allow two previously enacted emergency rules, one halting evictions and the other halting foreclosures, to...more

PilieroMazza PLLC

New Judicial Order Offers Clarity on Maryland Statutes of Limitations Impacted by COVID-19

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Early during the COVID-19 pandemic, a number of state-level court systems, including Maryland’s courts, declared judicial emergencies and issued orders automatically tolling, or postponing, the expiration of statutes of...more

Patterson Belknap Webb & Tyler LLP

Governor Andrew Cuomo Extends Tolling of Statute-of-Limitations (Updated)

On June 6, 2020, New York Governor Andrew Cuomo issued Executive Order 202.38, which, among other things, extends the tolling period contained Executive Order 202.8 until July 6, 2020....more

Holland & Knight LLP

Judicial Council Ends Tolling of Statute of Limitations to Bring Civil Suits, Effective Aug. 3

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The California State Judicial Council amended California Rule of Court, Emergency Rule No. 9, on May 29, 2020, lifting its previously adopted indefinite tolling of the limitation period to bring civil lawsuits. The amended...more

Beveridge & Diamond PC

COVID-19 Impacts in Massachusetts: Tolling of Statutes of Limitations Ends June 30

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As Massachusetts continues cautiously through Phase 1 of its reopening plan, the Massachusetts Supreme Judicial Court (SJC) extended courthouse closures until July 1 but announced an end to the tolling of civil statutes of...more

McDermott Will & Emery

COVID-19 Impact on Statutes of Limitations and Timing for Other Filings

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To help potential litigants evaluate how various executive orders may impact their filing deadlines, we examine executive orders in New York, and other select states, tolling the statute of limitations. This article also...more

Patterson Belknap Webb & Tyler LLP

Governor Andrew Cuomo Extends Tolling of Statute-of-Limitations

On May 7, 2020, New York Governor Andrew Cuomo issued Executive Order 202.28, which, among other things, “continue[d] the suspension and modifications of laws, and any directive, not superseded by a subsequent directive, made...more

Pillsbury Winthrop Shaw Pittman LLP

New York State Courts Remain Closed to New Non-Essential Actions

Even as the New York courts begin allowing filings in pending non-essential cases, New York statutes of limitation remain tolled, and the state courts are still not accepting new case filings. (Updated May 8 with revised...more

A&O Shearman

New York State Trial Courts Loosen COVID-19 Emergency Restrictions On Court Filings

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On April 30, 2020, the Chief Administrative Judge of the New York State Courts issued a Memorandum lifting some of the prior restrictions put in place concerning court filings and other activities in New York State trial...more

Rivkin Radler LLP

Coronavirus and Statutes of Limitations in New York: A Lingering Effect?

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We’ve all heard the COVID-19 pandemic described as “unprecedented.” Governor Cuomo’s Executive Order 202.8 and its treatment of time limitations (including statutes of limitations), may also be unprecedented....more

Farrell Fritz, P.C.

How Executive Order 202.8’s 30-Day “Tolling” Affects Statutes of Limitations in the Article 78 Context

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Recent executive and administrative orders carrying-out COVID-19 mitigation and public safety measures will impact litigation within the Article 78 context, specifically the deadlines for commencing a proceeding to challenge...more

Harris Beach PLLC

Interpreting New York State’s Blanket Toll on Statutes of Limitation Due to COVID-19

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Due to the existence of a state disaster emergency as a result of transmission of COVID-19, the Governor has tolled statutes of limitations for state law causes of action from March 20, 2020 until April 19, 2020 (30 days)....more

Bricker Graydon LLP

Changes to workers’ compensation statute of limitations due to COVID-19

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On March 27, 2020, Ohio Governor DeWine signed into law House Bill 197, which tolls the statute of limitations for any administrative action or proceeding set to expire between March 9, 2020, and July 30, 2020....more

Genova Burns LLC

New York State Courts: Update on COVID-19 Impact

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The State of New York has issued multiple Executive Orders and Administrative Orders impacting the operations of state courts during the COVID-19 outbreak. Executive Order 202.8 - As part of his continuing efforts to...more

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