As the end of the 87th Texas legislative regular session approaches, we appear to be on the verge of having new, shortened statutes of repose for design and construction claims by certain Texas governmental entities. This is...more
This article relates to personal injury limitations; there may be different limitations periods for other product liability claims (e.g., those that sound in warranty or fraud). Statutes of limitations and statutes of...more
The Massachusetts Statute of Repose requires litigants to assert within six years all tort claims arising out of the design, construction, or administration of improvements to real property. The Statute begins to run upon the...more
On October 31, 2019, the Supreme Court of Pennsylvania decided Yanakos v. UPMC, et al. and declared the seven-year statute of repose under the Pennsylvania Medical Care Availability and Reduction of Error (“MCARE”) Act...more
In Yanakos v. UPMC, the Pennsylvania Supreme Court, in a 4-3 decision, struck down the seven-year statute of repose in the Medical Care Availability and Reduction of Error (MCARE) Act as unconstitutional. MCARE’s statute of...more
On July 17, 2019, the Supreme Court of Ohio announced a major victory for the Ohio construction industry in the ongoing battle over whether Ohio’s construction statute of repose, R.C. 2305.131, bars claims for breach of...more
Florida’s Statute of Limitations and Statute of Repose for construction and design defect claims are each contained in § 95.11(3)(c), Florida Statutes, which provides, in relevant part: We are frequently retained by...more
Bass, Berry & Sims attorney Chris Lazarini discussed a case in which the plaintiffs sued Edward Jones alleging violations of various securities laws related to their investment in an annuity, which they had thought was joint...more
Under Florida’s construction-related statute of repose, Fla. Stat. § 95.11, actions based on the design, planning or construction of an improvement to real property are barred if not commenced within 10 years after the later...more
It’s official: the October 20, 2016 deadline to petition for certiorari to the Colorado Court of Appeals on its decision in Sierra Pacific Industries, Inc. v. Bradbury has passed, so it appears that decision will stand. ...more
Terra Foundation for American Art, et al. v. DLA Piper LLP (US), 2016 IL App (1st) 153285 - Brief Summary - Plaintiffs filed a legal malpractice action against defendant law firm that plaintiffs had retained in...more
Prospect Development, LLC, et al v. Donald Kreger and Schiff Hardin, 2016 IL App (1st) 150433 - Brief Summary - Plaintiff sued a lawyer and his law firm for alleged legal malpractice arising out of the collapse of a...more