Statute of Limitations Appeals

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

Supreme Court: ERISA Fiduciaries Have Ongoing Duty to Monitor Investments - Selection of Plan Investment Alternative Is Not a...

In Tibble v. Edison International, 13-550 (U.S. May 18, 2015), the U.S. Supreme Court ruled that the Employee Retirement Income Security Act of 1974 (ERISA) requires ERISA plan fiduciaries to monitor plan investments for...more

New York Court of Appeals Hears Arguments on RMBS Put-Back Claim Statute of Limitations

On April 30, 2015, New York’s highest court heard arguments in ACE Securities Corp. v. DB Structured Products Inc. regarding the accrual date for RMBS put-back claims – i.e., the date on which the statute of limitations...more

A Personal Injury Claim Involving a Patient’s Fall on a Wet Hospital Floor Is Not Within the Scope of MICRA’s One-Year Statute of...

Asma Pouzbaris v. Prime Healthcare Services-Anaheim, LLP - Court of Appeal, Fourth Appellate District (April 23, 2015) - On June 13, 2010, plaintiff Asma Pouzbaris (“Plaintiff”) was admitted to defendant’s...more

Second Circuit Vacates Dismissal of $25M CDO Case Against Citi

On April 22, 2015, the Second Circuit vacated and remanded a district court’s decision dismissing on statute of limitations grounds claims Woori Bank brought against Citigroup Global Markets arising out of Woori’s purchase of...more

NC Foreclosure Statute of Limitations – A Tale of “Zombie” Deeds of Trust?

Let’s face it. Zombies are everywhere. I can’t seem to pass a movie theater or flip a TV channel without seeing or hearing something about them. So of course they were top of mind when I read the North Carolina Court of...more

Parties Push to Enforce Statutory Time Limits on SEC Enforcement Actions

Two cases now before US Courts of Appeals carry the possibility of placing meaningful new limits on the US Securities and Exchange Commission’s (SEC) time horizon for bringing enforcement actions. The SEC has long argued that...more

Sikorsky and its Impact on Claims Submission

In December 2014, the Court of Appeals for the Federal Circuit issued an important decision that impacts how the 6 year statute of limitations (SOL) is applied under the Contract Disputes Act (CDA). ...more

Thirty-Year-Old Conspiracy to Misappropriate Trade Secrets Lives On - ABB Turbo Sys. AG, et al. v. TurboUSA, et al.

Addressing the standard for pleading trade secret misappropriation and conspiracy under Florida law, the U.S. Court of Appeals for the Federal Circuit reversed an order from the U.S. District Court for the Southern District...more

Illinois Supreme Court Agrees to Decide Fiduciary Duty Claim Against Former Counsel

In a few weeks’ time over at Appellate Strategist’s sister blog, the Illinois Supreme Court Review, we’ll address the question of just how rare it is to get an unpublished decision – what we in Illinois call a Rule 23 order –...more

Claim Which Was Time-Barred From Continuing In The Employment Tribunal May Still Be Pursued In The High Court

In Nayif v The High Commission of Brunei Darussalam [2014] EWCA Civ 1521 the Court of Appeal allowed a personal injury claim to be pursued in the High Court, even though a discrimination claim based on the same facts was...more

Acceleration and Florida’s Five-Year Statute of Limitations

Florida’s Third District Court of Appeal recently filed an opinion that illuminates when a lender’s acceleration of debt triggers the five-year statute of limitations. In Snow v. Wells Fargo Bank, N.A., 2015 WL 160326 (Fla....more

Undisclosed Change in Building Height Requires Supplemental EIR

Ventura Foothill Neighbors v. County of Ventura (12/15/14, 2d Civil No. B254120) - The Court of Appeal for the Second Appellate District of California has ruled that (i) a 20% increase in the actual height of a...more

Professional Liability Alert: Non-MICRA Statutes of Limitations Can Toll MICRA Limitations Periods

In Coastal Surgical Institute v. Blevins (B254787, filed 1/12/15) the California Court of Appeal, Second Appellate District, held that the tolling provisions of Insurance Code section 11583 apply to the one-year limitations...more

Oregon Court of Appeals Clarifies Application of Statute of Limitations and Statute of Repose in Connection with Construction...

In Riverview Condo, Ass’n v. Cypress Ventures, Inc., 266 Ore. App. 574 (Or. Ct. App. 2014), the Oregon Court of Appeals clarified application of the statute of repose and statute of limitations in the context of a suit...more

Minnesota Overturns Precedent By Extending Whistleblower Statute of Limitations

On December 15, the Court of Appeals for the state of Minnesota made a decision that reversed 20 years of precedent by extending the Minnesota Whistleblower Act’s statute of limitations from two to six years. The decision...more

The Supreme Court Just Held That TILA Rescission Is Accomplished With Notice Alone

Until today, courts were split over what steps borrowers must take to rescind a home loan. Some courts had ruled that a borrower simply had to send a rescission notice to his creditor within three years after taking out a...more

Second District Holds Short CEQA Statute Of Limitations Not Triggered By NOD That Fails To Provide Public Notice Of Material...

On December 15, 2014, the Second District Court of Appeal (Division 6) issued a pithy published opinion affirming the Ventura County Superior Court’s judgment. The judgment granted a peremptory writ of mandate requiring...more

Appellate Court Notes

SC19119 - Iacurci v. Sax - SC19119 Dissent - Iacurci v. Sax - Plaintiff sued his accountant for negligence and was trying to get around the 3-year statute of limitations of 52-577. In opposition to the...more

Statute of Limitations for Submitting a Claim Against CIGA

Statute of Limitations for Submitting a Claim Against CIGA - Court Of Appeal, First Appellate District (September 17, 2014) - The California Insurance Guarantee Association (“CIGA”) has a statutory duty to pay...more

Cour de Cassation quashes decision that disregarded ICC rule on time limits to arbitrator challenges – 2 takeaways

In the latest installment of a seven-year saga that has captured the attention of the arbitration community, the French Supreme Court for civil matters recently quashed a Court of Appeal's decision that disregarded the...more

Kentucky Court of Appeals Holds Statute of Limitations on Underinsured Motorist Claims Begins to Run Upon Denial of Claim

In a case of first impression, a divided panel of the Kentucky Court of Appeals recently held in Hensley v. State Farm Mut. Auto. Ins. Co., 2013-CA-000006-MR (Ky. App. Aug. 15, 2014), that the statute of limitations on...more

Eleventh Circuit Concludes That Filing a Proof of Claim After the Expiration of Statute of Limitations On the Ability to Collect a...

Recently, the Eleventh Circuit Court of Appeals (the “Court”) ruled whether filing a proof of claim in a chapter 13 bankruptcy case after the statute of limitations on the ability to collect the debt expires violates the...more

Mortgage Loans: Deutsche Bank v. Quicken Loans

We previously posted about ACE Securities Corp. v. DB Structured Products, Inc., 977 N.Y.S.2d 229, 231 (N.Y.A.D. 1st Dept. Dec. 19, 2013), which is a critical ruling out of New York’s intermediate state appellate court. In...more

Texas Web Publishers Earn Novel Protection Against Stale Lawsuits

In a case of first impression for a state appellate court, a Texas broadcaster was protected against a stale libel suit arising from a news report posted to the Internet. ...more

Maryland’s High Court Holds Suits Under Finder’s Fee Law Subject To Three-Year Statute Of Limitations

On July 21, the Court of Appeals of Maryland, the state’s highest court, held in responding to a question certified by the U.S. District Court for the District of Maryland that alleged violations of Maryland’s Finder’s Fee...more

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