News & Analysis as of

Limitation Periods

Warner Norcross + Judd

Liberating Property: Bonding Off Construction Liens in Michigan

An owner hired a contractor to make improvements on real property, but the contractor failed to pay its subcontractors or suppliers. What happens next? Under Michigan’s Construction Lien Act, contractors, subcontractors,...more

Miller Canfield

Why Shouldn’t Equitable Tolling Apply to the Federal Tax Refund Look-Back Period?

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In Libitzky v. United States, the United States Court of Appeals for the Ninth Circuit affirmed disallowance of a $700,000 federal income tax refund claim. The court said that this was an “unfortunate” case, but they were...more

Kramer Levin Naftalis & Frankel LLP

Responsabilité décennale des constructeurs et interruption de la prescription

Dans une décision en date du 7 juin 2024 (n°472662) à publier aux tables du recueil, le Conseil d’Etat précise et complète les règles applicables en matière de responsabilité des constructeurs à l’égard du maître d’ouvrage....more

Smith Anderson

Contracting Parties May Not Shorten The Statute Of Limitations For Unfair And Deceptive Trade Practices Claims

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The North Carolina Court of Appeals has effectively ruled that parties cannot contractually agree to shorten the four-year statutory limitations period under the North Carolina Unfair and Deceptive Trade Practices Act...more

Blake, Cassels & Graydon LLP

Actions relatives à l’environnement : Décision de la Cour d’appel de l’Alberta sur la prorogation des délais de prescription

Le 21 février 2024, la Cour d’appel de l’Alberta (la « CAA ») a rendu sa décision dans l’affaire Paramount Resources Ltd. v. Grey Owl Engineering Ltd., laquelle constitue la plus récente décision sur l’application possible de...more

Blake, Cassels & Graydon LLP

When to Extend the Limitation Period in Environmental Claims: Alberta Court of Appeal Issues Its Latest Ruling

The Alberta Court of Appeal issued its decision in Paramount Resources Ltd. v. Grey Owl Engineering Ltd. on February 21, 2024. This decision represents the latest pronouncement on the potential application of section 218 of...more

Meyers Nave

Court of Appeal Confirms (Again) that CEQA Statute of Limitations Runs from the First Project Approval

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The Second District Court of Appeal confirmed again that the California Environmental Quality Act (CEQA) favors finality in rejecting a challenge to a subsequent project approval for a 42-single family home project in Los...more

A&O Shearman

Limitation of liability under the microscope

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The High Court has held a limitation clause in a research agreement would be effective to limit liability for dishonesty, though not fraudulent misrepresentation. Research paper errors give rise to dispute - Innovate...more

Cooley LLP

Time Is On My Side: When Can Limitation Periods Be Extended in the UK?

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A fundamental issue that all litigants will be well served to consider when bringing, or defending, any legal proceeding is the question of whether the claim has been brought in time. The inadvertent failure to bring a claim...more

Hogan Lovells

UK Supreme Court: the law of nuisance has its limits

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In its recent decision in Jalla and another v Shell International Trading and Shipping Co Limited and another, the UK Supreme Court confirmed that a one-off oil spill was not a “continuing nuisance”....more

BCLP

Limitation periods and concurrent duty in tort and contract

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In Sheffield Teaching Hospital Foundation Trust v Hadfield Healthcare Partnership Ltd and others, the Technology and Construction Court provides helpful guidance about the use of standstill agreements to pause limitation...more

Latham & Watkins LLP

Court of Appeal Rules on Enforceability of Mandatory ADR Clauses

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A recent decision reminds parties about the need to draft dispute resolution clauses that are tailored to the parties’ agreement. The Court of Appeal recently ruled that an alternative dispute resolution (ADR) clause in...more

Dickinson Wright

Two New Decisions Shed Light on When Claims Can (and Cannot) Be Commenced

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If you ask most lawyers and potential litigants which issue causes them to lose the most sleep at night, the answer will most often be missing a limitation period. After all, no matter how much money is at stake in a lawsuit...more

Rodemer Kane Attorneys at Law

Everything You Need To Know About Driving With A Restricted License In Colorado

Driving with a restricted license in Colorado means that the driver is subject to certain limitations and conditions while operating a vehicle. These restrictions may include things like not being able to drive during certain...more

Perkins Coie

90-Day Limitations Period in Government Code § 65009 Applied to Political Reform Act Challenge to Land-Use Permits

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A suit seeking to set aside land-use approvals based on an alleged bribery scheme in violation of the Political Reform Act was subject to the 90-day statute of limitations for actions challenging land-use decisions. AIDS...more

BCLP

Kingstar and others v Hassans (a law firm) and others: has the test for limitation been clouded by the Supreme Court?

BCLP on

The Supreme Court of Gibraltar this week found in favour of our clients and dismissed an application by the defendants to strike out our clients’ claim against them on all three grounds relied upon by the defendants.  ...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

German Employment Law Fall 2022 Update: Bonuses, COVID-19, and Annual Leave Entitlements

​​​​​​​This fall and winter season, employers in Germany have several developments in German employment law to put on their radars, including optional bonus pay due to the spike in energy costs; workplace safety and health...more

Miller Nash LLP

One-Year Limitation on Claims in Washington Are Unenforceable

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Today the Supreme Court of Washington issued a decision finding a contractual one-year limitation period in a construction contract unconscionable. The decision—Tadychs v. Noble Ridge—arose from the construction of a custom...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

European Court of Justice Finds That There Is Not an Automatic Start of the Limitation Periods for Paid Annual Leave Days

Paid annual leave days in Germany have been the subject of several recent decisions by the European Court of Justice (ECJ), with the Luxembourg-based judges regularly opposing previous case law of the Federal Labor Court...more

Kramer Levin Naftalis & Frankel LLP

The European Court of Justice Resolves Certain Conflicts of Temporal Application of the “Damages” Directive

The European Court of Justice (ECJ) issued a judgment on June 22, 2022 (C-267/20), regarding an action for damages, based on Directive 2014/104/EU (Directive), seeking compensation for the damage caused by the truck cartel....more

Seyfarth Shaw LLP

Illinois Supreme Court Hears Arguments on the Proper Limitations Period for BIPA Claims in Tims v. Black Horse Carriers

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Seyfarth Synopsis: On September 22, 2022, the Illinois Supreme Court heard oral arguments in an Illinois Biometric Information Privacy Act (“BIPA”) case entitled Tims v. Black Horse Carriers, Inc. Following an Illinois...more

McGuireWoods LLP

Eleventh Circuit Concludes that Foreign Country’s Equitable Tolling Standards Can Apply in Federal Class Action

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In a recent case addressing the novel issue of whether foreign law trumped United States law for purposes of class action tolling, the U.S. Court of Appeals for the Eleventh Circuit concluded that Colombian law on equitable...more

Akin Gump Strauss Hauer & Feld LLP

California Trial Courts Continue To Interpret Johnson v. Maxim Healthcare Narrowly When Applying PAGA’s One-Year Statute of...

Last year, the California Court of Appeal raised eyebrows by ruling that a plaintiff could pursue a Private Attorneys General Act (PAGA) claim for alleged violations of Labor Code Section 432.5, even though the statute of...more

Bennett Jones LLP

Alberta Court Declines to Extend Limitation Period for Contamination Claim

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Section 218 of Alberta's Environmental Protection and Enhancement Act, RSA 2000, c E-12 (EPEA) is not available to extend the limitation period for a party liable for remediation costs to make claims against other alleged...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Charging Party Who Did Not Timely Open Link in EEOC Email Loses Her Chance to Sue

The day that a plaintiff receives the U.S. Equal Employment Opportunity Commission’s (EEOC) notice of his or her right to sue starts the running of the ninety-day period to file a lawsuit - not the date the plaintiff (or the...more

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