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Statute of Limitations › Damages

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 -
Foley & Lardner LLP

Illinois Reins in Astronomical Damages Under Biometric Privacy Law

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Illinois employers will no longer face astronomical damages — into the millions or even hundreds of millions of dollars at issue in recent class action lawsuits — for violations of the Biometric Information Protection Act...more

Butler Snow LLP

Leveraging the UCC for Sellers

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For sellers of goods, it is all but impossible to escape the reach of the Uniform Commercial Code (“UCC”) because its Article 2 applies to sales of goods. The UCC contains several buyer friendly provisions (including certain...more

Weintraub Tobin

The Briefing: Supreme Court Holds Copyright Damages Can Go Beyond 3 Years (Podcast)

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Weintraub attorneys Scott Hervey and Jamie Lincenberg unpack the Supreme Court's follow-up decision on damages in Neely v. Warner Chapel Music. Explore how this ruling could reshape future infringement cases,...more

Cozen O'Connor

Louisiana Adopts Two-Year Statute of Limitations for Tort Claims

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One of the more unique aspects of Louisiana law was its 1-year statute of limitations (liberative prescription) for tort claims. The one-year time period to file a lawsuit was stress-inducing for plaintiffs, particularly in...more

Dunlap Bennett & Ludwig PLLC

Case Analysis: The Supreme Court Rules A Plaintiff May Claim Over A Decade’s Worth Of Damages For A Copyright Claim Involving A...

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The Supreme Court recently ruled 6-3 in the case of Warner Chappell Music, Inc., et al. v. Nealy, et al. that producer Sherman Nealy may claim damages for an unlicensed sample of his work used in Flo Rida’s 2008 hit song “In...more

Harris Beach PLLC

Supreme Court’s Copyright Ruling Could Have Broad Implications

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A recent U.S. Supreme Court decision in a copyright infringement case could have far-reaching implications by allowing plaintiffs to seek damages under the Copyright Act for greater periods of time of infringement....more

McAfee & Taft

SCOTUS: Damages for copyright infringement not limited to three years for timely claims

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Recently, the U.S. Supreme Court resolved a split between the circuit courts over whether the Copyright Act’s three-year statute of limitations limits the damages a plaintiff may recover to a three-year period. The Court...more

BakerHostetler

Warner Chappell Music, Inc. v. Nealy: Supreme Court Allows Retrospective Copyright Damages Beyond 3 Years Based on Discovery Rule

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Ruling in favor of a Miami music producer, Sherman Nealy, over a song by rapper Flo Rida, the Supreme Court held on May 9 that there is no time limit for recovering monetary damages in copyright cases that are otherwise...more

Kohrman Jackson & Krantz LLP

How a John Doe Lawsuit Can Help You Unmask the Source of Fake Reviews, Defamation, and Harassment

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The internet holds some of the largest threats an individual or business can face in 2024. Online threats can become even more challenging to address when the attacker acts anonymously...more

Irwin IP LLP

The Limit Does Not Exist: No Time Limitation on Copyright Damages  

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Warner Chappell Music v. Nealy, No. 22-1078, 601 U.S. (2024) - On May 9, 2024, the Supreme Court held that copyright owners may obtain damages beyond the three-year statute of limitations under the Copyright Act. As this...more

Houston Harbaugh, P.C.

SCOTUS Rules that Copyright Damages Can Be Recovered Beyond Three Years, Leave Discovery Rule For Another Day

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The U.S. Supreme Court ruled on May 9th, 2024, in the case of Warner Chappell Music, Inc., et al., v. Nealy, et al., that plaintiffs in a copyright ownership dispute can recover damages beyond the three-year statute of...more

Robinson & Cole LLP

Supreme Court Decision Could Increase Copyright Trolling in the Second Circuit

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Intellectual property practitioners were anticipating the Supreme Court’s decision in Warner Chappell Music v. Nealy, which raised important questions regarding the statute of limitations and availability of damages for stale...more

Ward and Smith, P.A.

What Does a Wrongful Death Lawyer Do?

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In the blink of an eye, a bad car wreck or another serious incident can result in a death. Losing a loved one is absolutely devastating. In North Carolina, when an individual's negligence, wrongful acts, or intentional acts...more

Cranfill Sumner LLP

Copyright Act Limitations Period Does Not Limit Damages Recovery

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The United States Supreme Court recently announced its Opinion in Warner Chappell Music, Inc. v. Nealy, 144 S. Ct. 1135 (2024). At issue was whether recoverable damages under the Copyright Act were limited to the three-year...more

Paul Hastings LLP

The Supreme Court Affirms the Availability of Damages Beyond Three Years for Copyright Infringement If the Discovery Rule Applies

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On May 9, 2024, the Supreme Court issued its decision in Warner Chappell Music Inc. et al. v. Nealy et al., holding that a plaintiff can seek damages for past infringement that had occurred earlier than the three-year statute...more

Benesch

Supreme Court Rejects Three-Year Damages Bar in Copyright Infringement Actions

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The recent decision permits recovery of all damages in “timely filed” copyright infringement actions regardless of when the infringement occurred. The decision does not, however, answer the critical question of when an action...more

McCarter & English, LLP

Damages Uncapped: Supreme Court Removes Three-Year Limit on Copyright Damages

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In a victory for copyright owners, the US Supreme Court confirmed in a recent case that copyright owners who sue for infringement may recover money damages that are not limited to the three-year period before filing suit....more

Baker Donelson

U.S. Supreme Court Rules in Favor of Music Producer in Warner Chappell Music, Inc. v. Nealy

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The United States Supreme Court issued a ruling on May 9, 2024, in a copyright case that would allow a music producer to seek damages for alleged infringements occurring more than ten years ago when it held that the Copyright...more

Miller Canfield

In Music Copyright Row, The Supreme Court Remixes the Three-Year Limit on Copyright Damage Claims

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On May 9, 2024, the U.S. Supreme Court held the Copyright Act entitles a copyright owner to obtain damages for a timely infringement claim, even if the infringement occurred prior to the Copyright Act's three-year statute of...more

Eversheds Sutherland (US) LLP

Going to the [Warner] Chappell, and we’re gonna get DA-A-AMAGES!

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A split Supreme Court has decided that, under a plain reading of the Copyright Act, a party alleging copyright infringement may obtain damages for the entire damages period, so long as the suit itself is timely brought....more

Seyfarth Shaw LLP

Supreme Court Allows Copyright Damages Recovery Outside Three-Year Limitations Period—But Questions Regarding Accrual of Claims...

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The U.S. Supreme Court affirmed the Eleventh Circuit’s holding in Warner Chappell Music v. Nealy that copyright plaintiffs bringing timely claims of infringement may recover damages for acts occurring outside the three-year...more

McDermott Will & Emery

Supreme Court Permits Retrospective Relief for Timely Copyright Claims Under Discovery Rule

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On May 9, 2024, in a 6-3 decision, the Supreme Court of the United States affirmed the US Court of Appeals for the Eleventh Circuit’s prior ruling, holding that a plaintiff with a timely infringement claim under the discovery...more

Farella Braun + Martel LLP

No Three-Year Bar on Copyright Damages (For Now): SCOTUS Issues Opinion in Warner Chappell Music, Inc. et al. v. Sherman Nealy et...

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In a 6-3 majority decision in Warner Chappell Music, Inc. et al. v. Sherman Nealy et al., the Supreme Court held that the Copyright Act entitles a copyright owner to recover damages for any timely claim and that no separate...more

Proskauer Rose LLP

Supreme Court Holds that Copyright Damages Have No Time Limit

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Under the Copyright Act, “there is no time limit on monetary recovery” for a timely claim. So held the Supreme Court last week in Warner Chappell Music, Inc. v. Nealy. Section 507 of the Copyright Act imposes a...more

Coblentz Patch Duffy & Bass

Supreme Court Extends Copyright Damages Beyond Three Years

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Key Takeaways - Last week, in Warner Chappell Music, Inc. v. Nealy, the Supreme Court held that a copyright owner with a timely claim for infringement can recover damages “no matter when the infringement occurred” and with...more

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