Statute of Limitations

New York State Trial Courts Issue Opposing Opinions On MBS Claims Statute Of Limitations

by BuckleySandler LLP on 5/24/2013

This week, two New York trial court justices issued diverging opinions on when the statute of limitations begins to run on claims related to the repurchase obligations of securitizers under certain MBS pooling and servicing...more

Corruption in The Energy Sector: Criminal Fines, Civil Judgments, And Lost Arbitrations

by Gordon Kaiser | JAMS, The Resolution Experts on 5/24/2013

Synopsis - This article examines the anti-bribery legislation of three countries, the United States, Canada, and the United Kingdom. The legislation of the three countries is compared and virtually all the criminal...more

What Is The Statute Of Limitations For Personal Injury In New Jersey?

by Berry, Sahradnik, Kotzas & Benson on 5/24/2013

Have you or someone you love been involved in an accident and suffered injury? If so and if you would like to take legal action against whoever is responsible for your condition, time may be running out....more

Florida Supreme Court Decision: Arbitration And The Statute Of Limitations

by Schecter Law on 5/21/2013

Recently, the Florida Supreme Court concluded that the Legislature intended to subject arbitration proceedings to the statute of limitations....more

Florida Complex Litigation Update: Raymond James Financial Services, Inc. v. Phillips: Florida Supreme Court rules that statute...

by Fuerst Ittleman David & Joseph, PL on 5/21/2013

Resolving a matter of first impression in Florida, the Florida Supreme Court recently issued its decision in Raymond James Financial Services, Inc. v. Phillips, Case No. SC11-2513 (Fla. May 16, 2013), concluding that...more

Southern District Of New York Judge Dismisses False Claims Counts, Allows FIRREA Claims To Proceed In Major Mortgage Fraud Case

by BuckleySandler LLP on 5/20/2013

On May 8, the U.S. District Court for the Southern District of New York dismissed claims for damages and civil penalties under the False Claims Act (FCA) brought by the federal government against a mortgage lender alleged to...more

New York State Court Dismisses RMBS Putback Action Against Nomura As Time-Barred

by Orrick - Structured Finance Group on 5/20/2013

On May 10, Justice Sherwood of the Supreme Court of the State of New York dismissed on statute of limitations grounds an RMBS putback action brought against Nomura Credit & Capital, Inc. (Nomura)....more

New York State Court Allows Trustee Lawsuit Against DB Structured Products to Proceed

by Orrick - Structured Finance Group on 5/20/2013

On May 13, Justice Kornreich of the Supreme Court of the State of New York denied DB Structured Products, Inc.’s (DBSP) motion to dismiss an RMBS putback action brought against it by the trustee for the relevant RMBS trust. ...more

Infobytes - A Weekly In-depth review of news & developments in the financial services industry - May 17, 2013

by BuckleySandler LLP on 5/20/2013

In This Issue: - FEDERAL ISSUES - STATE ISSUES - COURTS - FIRM NEWS - FIRM PUBLICATIONS - MORTGAGES - BANKING - CONSUMER FINANCE - SECURITIES - PRIVACY/DATA SECURITY - Excerpt from...more

Wrongful Death Lawsuits In Florida

by Law Office of Paul B. Genet on 5/16/2013

In 2008, a University of Central Florida football player collapsed during a pre-season conditioning drill and later died. In a subsequent wrongful death lawsuit, a jury found the University of Central Florida Athletic...more

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

by Scott Faust, Michael Lebowich, Ronald Meisburg, Bernard Plum, Mark Theodore, Allan Weitzman | Proskauer Rose LLP on 5/14/2013

A federal appeals court has rebuffed the NLRB's attempt to require employers to post in a "conspicuous" place in a workplace a poster that informs employees of their rights under the National Labor Relations Act. The NLRB's...more

Appellate Notes: Week of April 18th

by Edward McCreery III | Pullman & Comley, LLC on 5/14/2013

Welcome to our Supreme and Appellate Court summaries webpage. On this page, I provide abbreviated summaries of decisions from the Connecticut appellate courts which highlight important issues and developments in Connecticut...more

When Should I Hire A Personal Injury Attorney?

by Law Office of Paul B. Genet on 5/13/2013

On a routine shopping trip to Wal-Mart, a Port St. Lucie man had a freak accident. A sign fell down from an improperly assembled display, and it cause Tom Papakalodoukas to slip....more

CFC Rules That Date of Taking is When Government Sells Cattle, Not Impounds Them

by Nancie G. Marzulla on 5/13/2013

In Martinez v. United States, the plaintiff claimed a taking by the federal government of his cattle when the Forest Service of the Department of Agriculture sold several hundred head after seizing them for allegedly...more

The ERISA Litigation Newsletter - May 2013

by Justin Alex, Anthony Cacace, Doughlas Dahl, Lisa Berkowitz Herrnson, Jacklina Len, James R. Napoli, Brian S. Neulander, Myron Rumeld, Neal Schelberg | Proskauer Rose LLP on 5/13/2013

This month our articles focus on the availability of damages in complex ERISA class actions and withdrawal liability actions. Jackie Len first provides Proskauer's perspective on the implications for ERISA litigation arising...more

Court Holds That Statute Of Limitations Applies To Section 50(a)(6) Constitutional Claims

by David Johnson | Winstead PC on 5/10/2013

In Priester v. JPMorgan Chase Bank, N.A., homeowners sued for declaratory relief against their lender claiming that the lien on their home was void under the Texas Constitution. No. 12-40032, 2013 U.S. App. LEXIS 3097 (5th...more

Think the Government’s Claim Against You Is Time-Barred? Not So Fast!

by Joshua Sherman, Claude Tusk | Dechert LLP on 5/9/2013

When a company understands that the United States Government may have a claim against it, the company’s directors and officers are usually very aware of the applicable statute of limitations and the passage of time. When the...more

D.C. Circuit Vacates Controversial “Mandatory Posting” Rule

by Mark Carter | Dinsmore & Shohl LLP on 5/8/2013

On May 7, 2013 the D.C. Circuit Court of Appeals vacated the controversial “mandatory posting” rule implemented by the National Labor Relations Board on August 30, 2011. National Association of Manufacturers, et al. v. NLRB,...more

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

by Mark Theodore | Proskauer - Labor Relations on 5/8/2013

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

Asbestos Exposure Is Often Deadly

by Law Office of Paul B. Genet on 5/7/2013

According to a study by the Environmental Working Group, Florida has one of the highest rates of asbestos-related deaths in the nation. Florida is ranked second and follows closely behind the top spot, California....more

Wartime Suspension Of Limitations Act Suspends Statute Of Limitations In False Claims Act Cases

by BuckleySandler LLP on 5/6/2013

The False Claims Act (FCA), which allows both the government and whistleblowers to seek treble damages for claims of civil fraud on the United States, is a powerful tool. In the past two years, the government has aggressively...more

Time For Superior Court Revaluation Appeals Is Running Out

by Pullman & Comley, LLC on 5/3/2013

Most boards of assessment appeals have mailed notices of their decisions, or are about to do so, to property owners who challenged their October 1, 2012 revaluation assessments this past winter....more

The Court Rules on the Consequences of Failure to Process Hospital Patient Complaints in the Allotted Time

by Heenan Blaikie LLP on 5/2/2013

This publication is available in French only. Depuis quelque temps, plusieurs comités de discipline constitués pour étudier les plaintes portées à l’endroit de médecins ont été saisis de requêtes demandant qu’ils...more

Missing CEQA Statute of Limitations Is Not Excusable Neglect, Third District Holds

by Arthur F. Coon | Miller Starr Regalia on 5/2/2013

In its terse, no-nonsense opinion in Alliance For the Protection of the Auburn Community v. County of Placer, et al. (2013) 215 Cal.App.4th 25, ordered published onApril 2, 2013, the Third District Court of Appeal affirmed a...more

Federal Court Dismisses $31 Million FDIC Suit as Time-Barred

by Orrick - Structured Finance Group on 4/30/2013

On April 22, Judge Mariana R. Pfaelzer of the United States District Court for the Central District of California dismissed as time-barred the Federal Deposit Insurance Corporation’s (FDIC) $31 million suit against JPMorgan...more

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