News & Analysis as of

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 -

Ninth Circuit Applies the Holocaust Expropriated Art Recovery Act of 2016 to Revive Previously Dismissed Nazi-Era Art...

by WilmerHale on

On July 10, 2017, the US Court of Appeals for the Ninth Circuit became the first circuit court to apply the six-year statute of limitations from the Holocaust Expropriated Art Recovery Act of 2016 (HEAR Act). In Cassirer v....more

Third Circuit Holds That Statutes Of Limitation May Be Tolled By Books-And-Records Demands Under Delaware Law Despite Inquiry...

by Shearman & Sterling LLP on

On June 13, 2017, Chief Judge Smith of the United States Court of Appeals for the Third Circuit reversed in part the District Court’s dismissal of claims for breach of contract as untimely. Norman v. Elkin, No. 16-1924 (3d...more

Eighth Circuit Vacates Disgorgement Order As Time-Barred Under Kokesh But Leaves Injunction Undisturbed

by Shearman & Sterling LLP on

On June 29, 2017, the United States Court of Appeals for the Eighth Circuit vacated a disgorgement order against Crawford Capital Corporation, a venture capital firm, and its owner, Paul D. Crawford, citing the U.S. Supreme...more

Erasing Any Doubt: Arizona FED Actions Do Not Accrue Until Formal Demand for Possession is Tendered

by Snell & Wilmer on

Clearing up any lingering confusion, in Carrington Mortgage Services, LLC v. Woods, 767 Ariz. Adv. Rep. 4 (June 22, 2017), the Arizona Court of Appeals confirmed that residential forcible entry and detainer actions in Arizona...more

Standing in the Shoes of a Suspended Corporation under California Law

A California Court of Appeal recently provided a reminder that under Code of Civil Procedure § 368, assignment of a right to recover money or other personal property (“a thing in action”) is subject to any defense existing at...more

Appeals of Rulings by The Registrar of Contractors Must Be Timely Filed in Superior Court.

by Snell & Wilmer on

Recently in Johnson v. Arizona Registrar of Contractors, the Arizona Court of Appeals affirmed dismissal of a homeowner’s late appeal of an adverse decision by the Registrar of Contractors (“Registrar”)...more

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

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

Federal Circuit Review | April 2017

by Knobbe Martens on

Patentee’s Unnecessarily Broad Prosecution Disclaimer Affirmed by Federal Circuit - In Technology Properties Limited LLC v. Huawei Technologies Co., Ltd., Appeal Nos. 2016-1306, -1307, -1309, -1310, -1311, the Federal...more

Conflicts of Laws, Deficiency Actions, and Statutes of Limitations – Oh My!

by Snell & Wilmer on

What law governs a deficiency action if the choice-of-law provisions in the note and deed of trust conflict? The Arizona Court of Appeals answered that very question in ZB, N.A. v. Hoeller, No. 1 CA-CV 16-0071 (Ct. App. April...more

What is the Effect of an Untimely Challenge to the Timeliness of a Trustee’s Sale?

by Snell & Wilmer on

Ever wonder what happens if a person challenges the timeliness of a trustee’s sale after the sale already occurred? Waiver of the argument of course! And, in the case of Wells Fargo Bank, N.A. v. Waltner, the affirmance of...more

Laches no longer a defense to patent infringement

by Thompson Coburn LLP on

While under attack for several years now, the patent infringement defense of laches was dealt a serious, and likely final, blow by the recent Supreme Court case of SCA Hygiene Products AB et al. v. First Quality Baby Products...more

Supreme Court and Precedential Federal Circuit Patent Cases

In SCA v. First Quality Baby Products, the Supreme Court holds that laches should not be available as a defense in patent cases, refusing to concur with the Circuit’s en banc holding that the Patent Act’s 6-year limitation on...more

SCA Hygiene Case Provides a Clear Win for Patent Owners

In SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC, the Supreme Court last week overruled the Federal Circuit’s en banc decision that laches (unreasonable delay in bringing a claim) can bar recovery of...more

Supreme Court Rejects Laches Defense in Patent Cases

The U.S. Supreme Court ruled this week that laches is not a defense in the majority of patent cases. Justice Alito, writing for the 7-1 majority, found the application of laches to patent disputes incompatible with the...more

Briefs Filed in CalPERS v. ANZ Securities

On February 27, 2017, the California Public Employees’ Retirement System (“CalPERS”) filed its brief with the Supreme Court, requesting that the Court reverse the decision of the Second Circuit and abrogate the Second...more

Supreme Court Curbs Laches as a Defense in Patent Cases

by Jones Day on

In SCA Hygiene Products v. First Quality Baby Products, decided on March 21, 2017, the U.S. Supreme Court significantly reduced the role of the laches defense in patent actions: "Laches cannot be interposed as a defense...more

Supreme Court Eliminates the Laches Defense in Patent Cases

The Supreme Court held that laches is no longer a defense against patent infringement. The Patent Act’s six-year statute of limitations already limits the window for damages for infringement, which precludes any further...more

U.S. Supreme Court Eliminates Laches Defense for Damages in Patent Suits

by Knobbe Martens on

The U.S. Supreme Court on Tuesday, March 21, 2017, held in a 7-1 decision that the defense of laches is not available under the Patent Act to bar claims for damages. SCA Hygiene Products Aktiebolag v. First Quality Baby...more

"In SCA Hygiene, Supreme Court Rules Laches Not a Defense to Damages Within Statutory Period in Patent Cases"

In a 7-1 decision issued on March 21, 2017, the U.S. Supreme Court held in SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC that laches cannot be invoked as a defense against a claim for damages in a patent...more

Fifth Circuit Warps Time In Decision On The Continuing Violation Doctrine

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The U.S. Fifth Circuit Court of Appeals recently held for the first time that the continuing violation doctrine applies even when a plaintiff was subject to harassment that was severe enough to put the...more

Real Property & Title Insurance Update: Weeks Ending February 17 & 24, 2017

by Carlton Fields on

Foreclosure: foreclosing bank’s allegation that borrowers were in a continuing state of default sufficient to satisfy five-year statute of limitations even though stated initial default date was more than five years prior to...more

An Easier Path: McCarrell v. Hoffman-La Roche Paves the Way to Bring Tort Claims in New Jersey Barred by Other States’ Statutes of...

by K&L Gates LLP on

In McCarrell v. Hoffman-La Roche, Inc., 2017 WL 344449 (Jan. 24, 2017), the New Jersey Supreme Court replaced the State’s “governmental-interest” standard to resolve choice-of-law questions regarding statutes of limitations...more

Second District Court of Appeal Declines to Apply Statute of Limitations to Bar Subsequent Foreclosure Actions Premised on...

by Burr & Forman on

Following the Florida Supreme Court’s recent decision in Bartram v. U.S. Bank, N.A., 41 Fla. L. Weekly S493, 2016 WL 6538647 (Fla. Nov. 3, 2016), courts were left to interpret how Bartram would affect lenders’ reliance on...more

Consumer Financial Services Newsletter - February 2017

by Hinshaw & Culbertson LLP on

Seventh Circuit Finds Bank's Response to RESPA Request "Almost Perfect" - Perron v. J.P. Morgan Chase Bank, N.A., Case No. 15-cv-2206 (7th Cir. 2017) - The United States Court of Appeals for the Seventh Circuit...more

The Most Important Government Contract Disputes Cases of 2016 - The Government Contractor

In 2016, the U.S. Court of Appeals for the Federal Circuit issued two important decisions that will have a significant impact on the law of Government contract disputes. Specifically, the Federal Circuit has changed the lens...more

127 Results
|
View per page
Page: of 6
Cybersecurity

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.