Statute of Limitations

Statute of Limitations refers to a statute that sets the time period during which a legal claim can be brought. Most statute of limitations laws require individuals to sue at some point during a set period... more +
Statute of Limitations refers to a statute that sets the time period during which a legal claim can be brought. Most statute of limitations laws require individuals to sue at some point during a set period usually commencing from the date of the wrong or injury or the discovery of the wrong or injury. Except for under a limited set of circumstances, if an individual does not file a suit within the specified time period, the law bars them from ever suing on that claim. less -
News & Analysis as of

Stop the Presses. Superfund is Stupid.

I know that pointing out CERCLA’s stupidity has something of a dog bites man quality, but sometimes Superfund’s stupidity bears repeating. Today’s exhibit? New York v. Next Millenium Realty, in which Judge Feuerstein held –...more

Wage Suppression Antitrust Class Allegations Against Oracle Dismissed As Untimely

A 2009 Department of Justice (“DOJ”) investigation of the employment and recruitment practices of a number of Silicon Valley technology companies resulted in DOJ lawsuits against seven companies, followed by consent decrees...more

The Eleventh Circuit Still Stands Alone, as Balch Attorneys Defend the Dismissal of Crawford Claims in Federal Appellate Courts...

From the moment it was published in July 2014, Crawford v. LVNV Funding, LLC, 758 F.3d 1254 (11th Cir. 2014)—the first reported appellate decision holding that a plaintiff may state a claim under the Fair Debt Collection...more

Defective products: anxiety damage recognised and provisionally compensated by interim relief judge

By three court orders issued on 28 January 2016, the Nanterre Civil Court interim relief judge (Juge des référés du Tribunal de grande instance de Nanterre) granted a provision to 13 patients who had taken the Médiator® drug,...more

New Jersey Appellate Court Holds Condo Association’s Cause of Action Accrued After Unit Owners Took Control of Board, Not Upon...

In the Palisades at Fort Lee Condo. Ass’n v. 100 Old Palisade, Llc, et. al., No. A-4292-13T3, 2016 N.J. Super. Unpub. LEXIS 193, a New Jersey appellate court held that the six-year statute of limitations did not bar a...more

When to Hire an Attorney for a Car Accident

Accidents happen unexpectedly. When they happen, there are many things to consider. Health and safety are the most immediate concerns, followed by recovering compensation for personal injuries and property damage. As soon as...more

Jesinoski Update: TILA Rescission in a Post-Jesinoski World

A little over one year ago, the U.S. Supreme Court issued its ruling in Jesinoski v. Countrywide Home Loans, Inc., 135 S. Ct. 790 (2015), which resolved a circuit court spit regarding how a mortgage borrower may exercise the...more

Gilkyson v Disney Enterprises, Inc. - Calif. Appeal Court, 2nd App. District, Div. 7, January 27, 2016

Appellate court finds that claim for breach of contract for contractual royalties brought against Disney by heirs of Terry Gilkyson, songwriter for “The Jungle Book” film, are not time-barred, based on application of...more

Too Little, Too Late: The Harsh Bright Line of Suit Limitation Provisions

Approximately twenty percent of Americans have been classified as chronic procrastinators, which means one in five policyholders faces a potential problem when suing for coverage. While the statute of limitations for breach...more

CFPB Director’s Divisive View of RESPA Limitations Period Central to Ongoing UDAAP Action

In the ongoing Integrity Advance enforcement action by the Consumer Financial Protection Bureau (“CFPB” or “Bureau”), the Office of Enforcement this month filed a brief arguing that its claims for alleged unfair, deceptive,...more

Students Have One Year After Reaching the Age of Eighteen to File Personal Injury Lawsuit Against School

The Illinois Appellate Court (Second District) recently determined that a student who was injured while at school as a minor could not pursue a personal injury lawsuit against the school district because she did not file the...more

Supreme Court Clarifies Limits on Tribes' Self-Determination Contract Support Costs Claims

The U.S. Supreme Court ruled on Jan. 25, 2016, against the Menominee Indian Tribe of Wisconsin (Tribe) in Menominee Indian Tribe of Wisconsin v. United States, et al., 577 U.S. ___ (2016) regarding its claims that the Indian...more

Relating a Software Copyright Infringement Claim Back to its Source

In a recent order, Judge Douglas P. Woodlock of the District of Massachusetts untangled a complicated timeline to decide motions for summary judgment regarding several copyright infringement and related claims on a statute of...more

CFPB Argues Statute of Limitations Not Applicable in Certain UDAAP Actions

On January 15, 2016, the CFPB filed a brief opposing a motion to dismiss in the Matter of Integrity Advance, LLC (“Integrity”) asserting that there is no time bar for certain CFPB actions under its UDAAP authority. The...more

Product Liability Update: January 2016

Supreme Court Holds Defendant Cannot Moot Putative Class Action by Making Unaccepted Offer of Judgment for Complete Relief to Representative Plaintiff - In Campbell-Ewald Co. v. Gomez, No. 14-857, 2016 U.S. LEXIS 846 (S....more

Supreme Court Update: Montgomery V. Louisiana (14-280), Federal Energy Regulatory Commission V. Electric Power Supply Association...

The decision in Montgomery v. Louisiana (14-280) was a biggie, and not just because it retroactively applied the Court's 2012 holding that mandatory sentences of life without parole for juvenile offenders violate the Eighth...more

Appellate Court Refuses to Vacate Voluntary Dismissal Undertaken With Mistaken Belief Claim Was Time-Barred

In Cottrell as Trustee v. Taylor, Bean & Whitaker Mortgage Corp., 41 Fla. L. Weekly D141f, 2D14-5885 (Fla. 2d DCA Jan. 8, 2016), Florida’s Second District Court of Appeal examined the applicability of Rule 1.540(b) to notices...more

Big Win for Loan Originators/Sellers in Federal Appeals Court

Six victories that clients of ours had won over Lehman and Aurora in the U.S. District Court for the District of Colorado got affirmed on January 27 by the Tenth Circuit Court of Appeals in Denver after hotly-contested rounds...more

M.D. Fla. Holds Bankruptcy Code Preempts FDCPA For Filing Time Barred Proofs of Claim

In Castellanos v. Midland Funding, LLC, 15-CV-559 (M.D. Fla. Jan. 4, 2016) the United States District Judge John Steele joined with several of his Middle District of Florida colleagues and held that the Bankruptcy Code...more

Statute of Limitations

The Doctrine of Nullum Tempus, and Its Impact on Statutes of Limitation and Statutes of Repose - The common law doctrine of nullum tempus occurrit regi — generally translated to mean “time does not run against the king”...more

Going Back to 2011? CFPB Asserts No SOL for Administrative UDAAP Actions

On January 15, 2016, the Consumer Financial Protection Bureau (“CFPB”) Office of Enforcement (“Enforcement”) asserted that claims pursued in administrative enforcement actions are not subject to the three-year statute of...more

Supreme Court Decides Menominee Indian Tribe of Wisconsin v. United States

On January 25, 2016, the United States Supreme Court decided Menominee Indian Tribe of Wisconsin v. United States, No. 14-510, holding that a litigant is entitled to equitable tolling of a federal statute of limitations only...more

State Agency’s Intentional Flooding for Environmental Protection Results in Physical Taking of Private Property – Strict Liability...

Pacific Shores Property Owners Association v. Department of Fish and Wildlife (1/20/16, C070201) - On January 20, 2016, the Court of Appeal for the Second Appellate District of California ruled that where a state agency...more

U.S. Supreme Court Rebuffs Tribe’s Bid for Equitable Tolling: Extraordinary Circumstances Causing Delayed Filing Must be Beyond a...

Concluding that the Menominee Indian Tribe of Wisconsin (the “Tribe”) failed to justify its untimely filing under the equitable tolling doctrine, a recent U.S. Supreme Court decision reaffirms stern limitations on the...more

Copyright Case Against Famed Hip Hop Artist “50 Cent” Isn’t Worth Two Bits

In the summer of 2007, hip-hop artist Curtis Jackson—who performs under the stage name “50 Cent”—rapped his way to fame and riches with the smash hit “I Get Money.” After 50 Cent made a mint on this work (he sold more than 2...more

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