Statute of Repose

News & Analysis as of

BABC Attorneys Author Amicus Brief on Behalf of DRI Regarding Tibble Case in United States Supreme Court

In Tibble v Edison International, Plaintiffs brought fiduciary duty claims against Edison International for alleged mismanagement of Edison’s 401(k) Plan. Plaintiffs’ claims centered upon the fact that the Plan’s investment...more

Oregon Court of Appeals Clarifies Application of Statute of Limitations and Statute of Repose in Connection with Construction...

In Riverview Condo, Ass’n v. Cypress Ventures, Inc., 266 Ore. App. 574 (Or. Ct. App. 2014), the Oregon Court of Appeals clarified application of the statute of repose and statute of limitations in the context of a suit...more

N.C. Supreme Court Reverses Court of Appeals and Upholds 20-Year Construction Warranty

Freedom of contract principles prevailed in the Supreme Court’s recent ruling that a manufacturer waived application of North Carolina’s 6-year statute of repose by extending an express 20-year warranty of its product. The...more

Designers, Contractors and Insurers Take Note: Recent Amendment to IL Statute of Repose Strips Asbestos Defense, Exposes Decades...

On December 19, 2014 the Illinois legislature amended the Illinois construction statute of repose to eliminate its protection in asbestos exposure cases (Public Act 098-1131). Beginning June 1, 2015, design professionals and...more

It's Not the Crime, It's the Cover-Up: Equitable Estoppel in Construction Defect Claims

More than 20 years ago, the Watergate scandal taught us “it’s not the crime, it’s the cover-up” that does the damage. The ensuing decades have brought a steady stream of individuals and companies that had to learn the truth...more

Developing Issues in Utah Construction Defect Litigation

Following the Utah Supreme Court’s decision in Davencourt at Pilgrim’s Landing Homeowners’ Association v. Davencourt at Pilgrim’s Landing, which clarified the law regarding the claims for which homeowner’s associations (HOAs)...more

Inside The Courts - November 2014 | Volume 6 | Issue 4

In This Issue: CLASS CERTIFICATION: Fort Worth Emps. Ret. Fund v. J.P. Morgan Chase & Co., No. 09-cv-3701 (JPO) (S.D.N.Y. Sept. 30, 2014) Discovery: ..Freedman v. Weatherford Int’l Ltd., No. 12...more

Illinois Supreme Court Rejects Constitutional Challenge to Medical Licensing Amendments

Last month, a unanimous Illinois Supreme Court rejected assorted constitutional challenges to 2011 amendments to the Department of Professional Regulation Law governing medical licensing. In an opinion by Justice Burke, the...more

Ohio District Court Limits American Pipe Tolling Doctrine

The District Court for the Southern District of Ohio recently limited the American Pipe tolling doctrine in a fraud suit arising out of the sale of residential mortgage-backed securities (“RMBS”). Plaintiffs’ 2011 Ohio...more

FDIC RMBS Suit Dismissed as Time-Barred

On August 29, Judge Louis L. Stanton of the United States District Court for the Southern District of New York granted a motion by JPMorgan, Citigroup and several other banks for judgment on the pleadings, dismissing a...more

Death of an Account Holder – Issues Related to Bank Statements

The elderly sometimes fall prey to financial abuse, including the alteration or unauthorized use of their checks. Banks are required to watch for such financial abuse and report suspicious acts to Adult Protective Service....more

July 2014: Securities and Structured Finance Litigation Update

U.S. Supreme Court to Review Tolling of Securities Act Claims. In Police & Fire Retirement System of the City of Detroit v. IndyMac MBS, Inc. 721 F.3d 95 (2d Cir. 2013) (“IndyMac”), the Second Circuit addressed the reach of...more

Pennsylvania Statute of Repose Applies to Asbestos Claims

In Graver v. Foster Wheeler Corp., 2014 Pa. Super. 132, the Superior Court of Pennsylvania held that the statute of repose applicable to designers and constructors of improvements to real property applied to asbestos claims....more

Supreme Court Says CERCLA Does Not Preempt Repose Defense for Tort Claims

The U.S. Supreme Court has put to rest a longstanding legal question affecting the deadline for plaintiffs to bring toxic tort and contamination claims stemming from certain contaminated sites. CTS Corp. v. Waldburger, No....more

District Court Clarifies Statute of Repose Timeline in Material Misstatement Case

The US District Court for the Eastern District of New York recently dismissed a class action claim, determining the reasserted claim violated the applicable statute of repose that requires all claims be brought within three...more

Corporate and Financial Weekly Digest - Volume IX, Issue 28

In this issue: - FINRA Proposes to Adopt Rules on Quotation Requirements for OTC Equity Securities - CFTC Seeks Comment on ICE Clear Europe Portfolio Margining Proposal - New York DFS Proposes First...more

Oregon’s Statute of Repose May Block Common Law Environmental Claims

Oregon’s 10-year statute of repose may now play a bigger role in environmental lawsuits in the wake of the U.S. Supreme Court’s ruling that the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA),...more

Supreme Court Rules CERCLA Does Not Preempt State Statute of Repose

In CTS Corp. v. Waldburger, 13-339, 2014 WL 2560466 (U.S. June 9, 2014), the United States Supreme Court held that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, also known as Superfund)...more

New Statute of Repose for Legal Malpractice Actions in Tennessee

The Tennessee General Assembly, which recently ended its legislative session, implemented a new statute of repose for legal malpractice actions. Professional malpractice suits against licensed public accountants, certified...more

NJ Court Clarifies Rights to Contribution From Joint Tortfeasors Dismissed Under Statute of Repose

The Superior Court of New Jersey, Appellate Division, recently clarified the applicability of New Jersey’s Joint Tortfeasors Contribution Act, N.J.S.A. 2A:53A-3, to claims for contribution from parties that have been...more

Bill Updates That Will Make Your Head Spin - Weekly Wrap-Up.

Patent Trolling - The contents of HB 1032 - Patent Trolling have been added to SB 648 - NC Commerce Protection Act and sent to the Senate for a concurrence vote. The new SB 648 now addresses contracts between the NC...more

No Legislative Denouement Yet.....

This week at the General Assembly was full of the hints that the Honorables were ready to wrap things up without actually wrapping things up....more

Supreme Court Ruling Resolves Conflict on State Statutes of Repose

US Supreme Court rules CERCLA Section 309 does not preempt state statutes of repose. Federal causes of action remain unaffected. Last week, in a 7-2 decision, the US Supreme Court ruled in CTS Corp. v. Waldburger that...more

Statute of Repose Agreed to by House and Senate

The Senate unanimously concurred in the House Committee Substitute for Senate Bill 574 after a Senate committee briefly reviewed the new bill today. You'll remember that the House changed the bill from one making technical...more

United States Supreme Court Holds that CERCLA Allows State Statutes of Repose to Limit Plaintiffs’ Injury Claims

This week, the United States Supreme Court issued a ruling of interest to any Potentially Responsible Party regarding the effect of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) on state...more

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