News & Analysis as of September 19, 2024

Statute of Limitations › Administrative Appeals

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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 -

The LHD/ERISA Advisor: First Circuit Clarifies ERISA's Timing Requirements for Appealing Adverse Benefits Determination

Hinshaw & Culbertson LLP on 2/12/2020

In Fortier v. Hartford Life & Accident Ins. Co., 916 F.3d 74 (1st Cir. 2019) the U.S. Court of Appeals for the First Circuit clarified ERISA's timing requirements with respect to appealing an adverse benefits determination...more

Armed Services Board of Contract Appeals Backlog Shrinks, But Challenges Remain

Pillsbury Winthrop Shaw Pittman LLP on 10/13/2017

The ASBCA’s FY2017 Annual Report reveals interesting facts and trends for contractors deciding whether to litigate at the Board or the Court. The ASBCA’s 2017 annual report offers some revealing statistics concerning the...more

First Circuit Refuses to Recognize a Section 1981 Private Right of Action for Damages Against State Actors

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/7/2017

In a recent decision, Buntin v. City of Boston, the First Circuit Court of Appeals held that there is no implied private right of action for damages against state actors under 42 U.S.C. Section 1981. In reaching that...more

Five Key Takeaways From the D.C. Circuit’s PHH Decision

Foley & Lardner LLP on 10/19/2016

The legal challenge by PHH Corp. (PHH) to a June 4, 2015, decision by the director of the Consumer Financial Protection Bureau (Bureau) in connection with the Bureau’s enforcement proceeding against PHH has captivated the...more

Cutting Through the Constitutionality Haze in the Battle Between PHH Corporation and the Consumer Financial Protection Bureau

Maynard Nexsen on 5/21/2016

So much has been written in recent weeks about the battle between PHH Corporation and the Consumer Financial Protection Bureau in the U.S. Court of Appeals for the D.C. Circuit. The panel heard oral argument on April 12,...more

D.C. Circuit Appears Poised to Overturn First CFPB Enforcement Action to Reach the Court: Five Key Takeaways From Yesterday’s Oral...

K&L Gates LLP on 4/15/2016

Major financial firms almost never litigate with their regulators. As a result, regulators often take aggressive enforcement positions with little fear of judicial scrutiny. That’s been especially true for the Consumer...more

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Statute of Limitations › Administrative Appeals

The LHD/ERISA Advisor: First Circuit Clarifies ERISA's Timing Requirements for Appealing Adverse Benefits Determination

Armed Services Board of Contract Appeals Backlog Shrinks, But Challenges Remain

First Circuit Refuses to Recognize a Section 1981 Private Right of Action for Damages Against State Actors

Five Key Takeaways From the D.C. Circuit’s PHH Decision

Cutting Through the Constitutionality Haze in the Battle Between PHH Corporation and the Consumer Financial Protection Bureau

D.C. Circuit Appears Poised to Overturn First CFPB Enforcement Action to Reach the Court: Five Key Takeaways From Yesterday’s Oral...

CFPB Issues Final Decision in In Re: PHH Corp.: First Agency Decision in Contested Administrative Proceeding

Ninth Circuit Extends ERISA Deadline, Revives Untimely Appeal

CFPB Director Cordray Issues First-Ever Agency Appellate Decision in RESPA Case

Supreme Court Hears Argument in Sebelius v. Auburn Regional Medical

Statute of Limitations › Administrative Appeals

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