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Statute of Limitations Arbitration

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 -

Some suggested questions for Director Cordray’s expected appearance at April 5 House hearing

by Ballard Spahr LLP on

On April 5, 2017, the House Financial Services Committee will hold a hearing, “The 2016 Semi-Annual Reports of the Bureau of Consumer Financial Protection Bureau.” Since Director Cordray has appeared at all of the...more

Cordray’s CNBC interview answers few questions

by Ballard Spahr LLP on

Recently, Richard Cordray was interviewed by CNBC while eating breakfast at a diner in his hometown in Ohio.  The interview was more noteworthy for what it failed to cover than for what it covered.  He was not asked the...more

Summary of California Appellate Decisions - February 2016

INSURANCE; BAD FAITH; GENUINE DISPUTE DOCTRINE - Paslay v. State Farm General Insurance Co. (2016) 248 Cal.App.4th 639 203 Cal.Rptr.3d 785 - FACTS: State Farm issued a homeowners policy to Paslay, the...more

Bills Proposed in Maryland General Assembly to Limit Restrictions Imposed By Condominium Developers on the Ability of the Council...

by Baker Donelson on

Proposed legislation now pending in the Maryland General Assembly would prevent condominium developers from limiting the ability of the council of unit owners and individual unit owners to bring construction defect claims for...more

International News: Focus on International Dispute Resolution

by McDermott Will & Emery on

Overview of the Proposed Reforms of the EU Merger Control Regime - In October 2016, the European Commission launched a public consultation to continue the process of identifying possible areas of the EU Merger Regulation...more

Real Property & Title Insurance Update: Weeks Ending November 4 & 11, 2016

by Carlton Fields on

REAL PROPERTY UPDATE - Foreclosure/Constitutional Challenge: record title owner’s argument that Florida Statutes section 702.035, governing “Legal notice concerning foreclosure proceedings,” is an unconstitutional...more

Alabama Supreme Court Enforces Arbitration Clause That Provides For Arbitration “At the Election of Either Party”

by Balch & Bingham LLP on

The Alabama Supreme Court recently held in Hanover Insurance Company v. Kiva Lodge Condominium Owners’ Association, Inc. (No. 1141331) that where a dispute is governed by a contract that requires arbitration the arbitrator...more

Don’t Find Yourself SOL: Know Whether the Statute of Limitations Applies to Your Arbitration

Statutes of limitations provide peace of mind for many attorneys and clients, knowing previous conduct cannot lead to liability after a prescribed time period. But, do statutes of limitations apply to arbitration proceedings?...more

SPECIAL FOCUS: The Arbitrability Of Statutes Of Limitations In Reinsurance Disputes

by Carlton Fields on

Whether a particular jurisdiction’s statute of limitations provides a reinsurer with a valid basis to deny payment of a cedent’s claim is sometimes a hotly-contested issue. Where a dispute is litigated in state or federal...more

State Statute Of Limitations For Recognition Of Foreign Judgments Held Not Preempted By FAA

by Carlton Fields on

National Aluminum Co., Ltd. (“NALCO”) prevailed in arbitration held in India against Peak Chemical Corp. in 2005. Ultimately, the award was affirmed on appeal by an Indian court in February 2012. When earlier this year, NALCO...more

The Employment Law Authority - July/August 2015

A federal appellate court recently reinstated a lawsuit brought by a dining services employee who claimed that she was sexually harassed by a male coworker. According to the Sixth Circuit Court of Appeals, a reasonable jury...more

Employee Benefits Alert - August 2015

by Franczek Radelet P.C. on

Retirement Plans - IRS Issues Guidance on Benefit Suspension Voting under MPRA - As we have written in prior alerts, the Multiemployer Pension Reform Act of 2014 (MPRA) permits trustees of financially troubled...more

Summary of California Appellate Decisions -August 2015

Insurance; Duty To Defend; Insurance Coverage; Intentional Acts; Sexual Misconduct - Gonzalez v. Fire Insurance Exchange (2015) 234 Cal.App.4th 1220, 184 Cal.Rptr.3d 394 (WL 960927) - Facts: This is an...more

New York Court Reaffirms That Reinsurer’s Statute Of Limitations Defense Determined By Arbitrators, Not Court

by Carlton Fields on

Because a reinsurer participated in the arbitrator selection process, the reinsurer was precluded from seeking a stay on statute of limitations grounds pursuant to New York law, a New York appellate court ruled. As discussed...more

Three State Courts Hold Timeliness Of Claim Is Issue For Arbitrator

In March, the highest courts of Montana, Texas, and Wisconsin all held that, when parties have a valid arbitration agreement, the issue of whether an arbitration demand was timely is presumptively for the arbitrator to...more

Dodd-Frank News: April 2015: Dodd-Frank Wall Street Reform and Consumer Protection Act Update

by Burr & Forman on

The Dodd-Frank Wall Street Reform and Consumer Protection Act was enacted as a measure to promote financial stability and protection for consumers through increased regulation of nearly every aspect of the consumer finance...more

Federal Employment Case Update | Pizza and Beer

by JAMS on

Members of Certified Class Lack Standing to Challenge Class Arbitration Ban - Conners v. Gusano’s Chicago Style Pizzeria - United States Court of Appeals, Eighth Circuit - When Jacqueline Conners brought a class...more

Newsletter: March 2015

In This Issue: - Main Article: .. Inter Partes Review and the ITC: The Benefits and Risks of Filing IPR on Patents Asserted in an ITC Investigation - Noted With Interest: .. Securities Act Claims...more

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

by DLA Piper on

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

Positive Impact of the Recent 3020-a Amendments on a School District’s Ability to Manage Tenured Teachers

by Hodgson Russ LLP on

Although no one would argue that the process for removal of a tenured teacher pursuant to §3020-a of the Education Law of New York is optimal, the amendments to the this statutory provision that apply to all charges against...more

Court Construes Parties’ Agreement To Allow New York State Courts To Rule On Statute Of Limitations Defense

by Carlton Fields on

The issue confronting the court in In re ROM Reinsurance Management Co. v. Continental Insurance Company was whether the timeliness of a demand for arbitration was a determination for the Court or for the arbitrators. ...more

All Consuming - Legal Updates for Consumer Finance Professionals (December 2013)

Welcome to the first issue of All Consuming. The Consumer Finance Practice Group will periodically distribute an issue of All Consuming to advise its clients and colleagues of litigation and regulatory developments affecting...more

Reinsurance Redux - Fall 2013

by Saul Ewing LLP on

In This Issue: - Southern District of New York Predicts That California Would Adopt Bad Faith Exception to Requirement That a Reinsurer Prove Prejudice for Late Notice Defense: The United States District Court...more

"Business Cases in the US Supreme Court"

The U.S. Supreme Court recently closed its 2012 term with its usual headline-grabbing flurry of June decisions. Several of those decisions, as well as many more that received less publicity, will affect business interests. In...more

Annual Review of Significant Cases Affecting Design Professionals

This annual update is to provide a review of the most significant decisions impacting design professionals. The cases will consider the following important issues: the effect contractual language has on a professional...more

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