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Statute of Limitations › Claims Limitations Period

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 -
Ogletree, Deakins, Nash, Smoak & Stewart,...

Sixth Circuit Extends Ban of Contractually Shortened Limitations Periods to ADA and ADEA Claims

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The U.S. Court of Appeals for the Sixth Circuit, the appellate court responsible for the federal district courts of Michigan, Ohio, Kentucky, and Tennessee, recently made clear that claims asserted under the Americans with...more

Miles & Stockbridge P.C.

Bankruptcy Court Within Fourth Circuit Permits Fraudulent Conveyance Claims to Move Forward Under IRS 10-Year Reach Back Period

Miles & Stockbridge P.C. on

A recent opinion by the United States Bankruptcy Court for the Western District of North Carolina kept alive a bankruptcy trustee’s fraudulent conveyance claims based on, in part, the Internal Revenue Code (“IRC”) 10-year...more

Carlton Fields

Don’t Lead Me On: Georgia Court of Appeals Finds Insurance Company Did Not Mislead Insured and Therefore Did Not Waive Policy’s...

Carlton Fields on

Insurance policies often contain “limitation-of-action” or suit limitation provisions, which contractually reduce the statute of limitations for an insured to assert a claim against an insurer. Depending on the state, such...more

FordHarrison

New Florida Law Shortens Time for Filing Certain Discrimination Claims

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Executive Summary: On June 30, 2020, Florida Governor Ron DeSantis signed into law CS/HB 255 which, among other things, amends the Florida Civil Rights of 1992 (FCRA) to statutorily define the limitations period by which a...more

Goodwin

Third Circuit Holds Discovery Rule Does not Apply to FDCPA Limitations Period

Goodwin on

On May 15, 2018, the United States Court of Appeals for the Third Circuit issued an important decision regarding the statute of limitations under the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692, et seq. In...more

White and Williams LLP

Texas Court of Appeals Confirms That, in Order to “Bring Suit” Within the Statute of Limitations Period, a Plaintiff Must Exercise...

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In Molina v. Gears, 2018 Tex. App. LEXIS 1978 (March 20, 2018), the Texas Court of Appeals addressed the issue of whether a plaintiff who timely-filed a complaint exercised due diligence with respect to serving the complaint....more

Zelle LLP

Discovery Rule is Better Accrual Standard for Antitrust Claims

Zelle LLP on

The Clayton Act creates a federal civil cause of action for anti-competitive business practices. The act as originally passed in 1914, however, did not include a statute of limitations. Thus, for approximately 40 years,...more

Cozen O'Connor

Massachusetts Court Refuses to Apply Discovery Rule to Commencement of the Suit Limitations Period

Cozen O'Connor on

Monday, in Nurse v. Omega U.S.  Insurance., Inc., 2015 Mass. App. LEXIS 158, 2015 WL 5774390 (Mass.App., Oct. 5, 2015), a unanimous panel of Massachusetts’ intermediate level appellate court held that the two-year suit...more

Seyfarth Shaw LLP

The Third Circuit Requires Benefit Denial Letters to Contain Plan Limitations Period

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In Mirza v. Insurance Administrator of America, Inc., No. 13-3535 (3d Cir. August 26, 2015), the Third Circuit became the latest Court to require benefit denial letters to include a notification of the plan’s limitations...more

Orrick - Employment Law and Litigation

Time’s Up: Supreme Court Upholds Enforcement of Claim Limitations in ERISA Plan Language

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Christmas may have come a little early for plan administrators and companies looking for clarity in ERISA litigation. Last Monday, the U.S. Supreme Court ruled 9-0 in Heimeshoff v. Hartford Life & Accident Insurance Co. that...more

Goodwin

Supreme Court Upholds Enforcement of Plan Document Limitations Period for Benefit Claims

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In a decision handed down yesterday, Heimeshoff v. Hartford Life & Accident Insurance Co., the Supreme Court confirmed that ERISA plan documents may prescribe an enforceable limitations period for the assertion of benefits...more

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