News & Analysis as of September 20, 2024

Statute of Limitations › Dismissal With Prejudice

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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 -

Prior Knowledge Exclusion Bars Coverage Because Failure to Comply With Statute of Limitations Could Reasonably Be Expected to Be...

Wiley Rein LLP on 12/13/2022

The U.S. District Court for the Southern District of Georgia, applying Georgia law, has held that a prior knowledge exclusion bars coverage as a matter of law because the insured should have known that a failure to comply...more

PAGA Strikes Again: The Statute of Limitations Does Not Apply to Representative Plaintiff

Haight Brown & Bonesteel LLP on 7/26/2021

In Johnson v. Maxim Healthcare Services, Inc. (“Johnson”), the California Court of Appeal, Fourth District, Division One (San Diego) held that an employee, whose individual claim is time-barred, may still pursue a...more

Plaintiff's Legal Malpractice Action—First Filed Too Early, Then Refiled Too Late—Results in Dismissal With Prejudice

Hinshaw & Culbertson - Lawyers for the... on 1/28/2021

Flintlock Constr. Servs, LLC v. Rubin, Fiorella & Friedman, LLP, 2020 NY Slip Op 06711 (App. Div.). Brief Summary - After plaintiff's initial legal malpractice action was dismissed as premature because the underlying...more

Eleventh Circuit Affirms Dismissal of FDCPA Suit Over SOL

Troutman Pepper on 10/6/2020

The Court of Appeals for the Eleventh Circuit affirmed the dismissal of a Fair Debt Collection Practices Act (“FDCPA”) lawsuit finding Georgia’s six-month statute of limitations renewal statute did not apply to the FDCPA....more

Suing a Design Professional in Texas? Make Sure to Include a Certificate of Merit in Your Pleading

Bradley Arant Boult Cummings LLP on 8/12/2020

On August 4, 2020, the Court of Appeals of Texas (First District) reversed a trial court’s denial of an engineering firm’s motion to dismiss finding that the plaintiff’s failure to attach the required certificate of merit...more

Ohio Appellate Court Rejects Policyholder’s Notice-Prejudice and Continuity of Coverage Arguments

Carlton Fields on 1/13/2020

Claims-made liability insurance policies typically require the policyholder to notify the insurer of a claim within a set amount of time — typically during the policy period, or within a specific period of time after the end...more

No Laughing Matter: Court Dismisses Copyright Claims Against Jerry Seinfeld’s Comedians in Cars Getting Coffee Show

Dorsey & Whitney LLP on 10/7/2019

Judge Alison Nathan of the Southern District federal court in New York recently dismissed copyright infringement claims against comedian Jerry Seinfeld over the show Comedians in Cars Getting Coffee because the statute of...more

Latest Federal Court Cases - October 2018

Schwabe, Williamson & Wyatt PC on 10/2/2018

Gust, Inc. v. AlphaCap Ventures, LLC, Appeal No. 2017-2414 (Fed. Cir. Sept. 28, 2018) In an appeal from a district court decision awarding fees pursuant to 28 U.S.C. § 1927, the Federal Circuit reversed. The decision makes...more

Pro Te: Solutio – Vol. 11, No. 2

Butler Snow LLP on 9/21/2018

In this issue of Pro Te (Volume 11, No.2), we examine three important topics with practical implications. In many jurisdictions, the medical judgment of physicians is almost sacrosanct – at least insofar as it is...more

Eastern District Of Pennsylvania Holds That Plaintiffs Forfeited American Pipe Tolling By Filing Their Lawsuit Too Soon

Carlton Fields on 6/7/2018

A federal district court has dismissed with prejudice a Real Estate Settlement Procedures Act (RESPA) class action filed against JPMorgan Chase Bank N.A. and related entities on statute of limitations grounds a year after...more

Based on Principles of Fairness, Court Dismisses Putative Class Action RICO Claims Asserted Years After Initiation of Suit

Carlton Fields on 1/12/2018

In Robertson v. SunLife Financial, a federal district court in Louisiana dismissed with prejudice as time-barred an amended putative class action complaint alleging RICO and state racketeering claims related to alleged...more

Florida Supreme Court Finds That the Statute of Limitations Does Not Prevent a Subsequent Foreclosure Action Based on Payment...

Blank Rome LLP on 11/9/2016

Action Item: If a prior foreclosure action has been dismissed with prejudice, mortgagees may bring new actions to foreclose on mortgages based upon post-dismissal payment default, so long as the new action is brought within...more

Florida’s Third District Court of Appeal Reverses Earlier Decision in Beauvais and Holds That Statute of Limitations Does Not Bar...

Blank Rome LLP on 4/18/2016

Action Item: Florida’s Third District Court of Appeal finds that Florida’s statute of limitations for foreclosure actions does not bar a second foreclosure action filed on a subsequent payment default occurring within the...more

Fla. Appellate Court Reverses Itself In Key Foreclosure Victory For Mortgage Industry

Ballard Spahr LLP on 4/15/2016

The Florida Third District Court of Appeal (DCA), sitting en banc, reversed itself this week and held that the five-year statute of limitations did not bar a second foreclosure suit filed on a subsequent payment default so...more

Wage Suppression Antitrust Class Allegations Against Oracle Dismissed As Untimely

Seyfarth Shaw LLP on 2/12/2016

A 2009 Department of Justice (“DOJ”) investigation of the employment and recruitment practices of a number of Silicon Valley technology companies resulted in DOJ lawsuits against seven companies, followed by consent decrees...more

Yet Another Florida Court Rejects Unpopular Decision on Statute of Limitations for Mortgage Foreclosure, But This Time it’s...

Burr & Forman on 8/26/2015

With its decision up on re-hearing, Florida’s Third District Court of Appeal may be rethinking its decision in Deutsche Bank Trust Co. Americas v. Beauvais, No. 3D14-575, 2014 WL 7156961 (Fla. 3d DCA Dec. 17, 2014). In...more

Chorus of Critics Grows Again for Third DCA’s Beauvais Opinion on Statute of Limitations, Rehearing Granted by Third DCA

Burr & Forman on 8/5/2015

The opinion of Florida’s Third District Court of Appeal in Deutsche Bank Trust Co. Americas v. Beauvais, No. 3D14-575, 2014 WL 7156961 (Fla. 3d DCA Dec. 17, 2014) has been a lightning rod for criticism from federal courts in...more

Third Federal Judge in a Row Declines to Follow Florida Appellate Opinion on Statute of Limitations for Mortgage Foreclosure

Burr & Forman on 7/29/2015

Florida’s Third District Court of Appeal shocked many court watchers with its opinion in Deutsche Bank Trust Co. Americas v. Beauvais, No. 3D14-575, 2014 WL 7156961 (Fla. 3d DCA Dec. 17, 2014) when it created a split of...more

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Statute of Limitations › Dismissal With Prejudice

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