News & Analysis as of

Tolling

Additional Opportunity for Increased Extension of Building Permits and Development Orders: Interested parties must notify issuing...

Due to Governor Scott's recent expansion of the State of Emergency issued for the Zika Virus, holders of permits and development orders have another opportunity to toll the period remaining to exercise rights under the permit...more

Update: Briefs Filed in CalPERS v. ANZ Securities

The Supreme Court is set to hear arguments on Monday in CalPERS v. ANZ Securities. Previously we provided a comprehensive overview of CalPERS’s brief. In anticipation of oral arguments, below we discuss the arguments raised...more

Stop The Tolling: Minnesota Supreme Court Rules That an Employee’s Internal Complaint Tolls the Statute of Limitations under the...

by Dorsey & Whitney LLP on

Under the MHRA, employees have one year to bring a discrimination claim (by filing a Charge of Discrimination with the Minnesota Department of Human Rights or by going directly to court). In a little-used provision, the...more

‘Home Improvement’ decision may provide tools for drafting, managing CAM in commercial leases

by Thompson Coburn LLP on

In California, commercial lease tenants typically pay a portion of the common area maintenance expenses or "CAM." Commercial leases also generally include the right of the tenant to audit the landlord's CAM statement each...more

DC Circuit Case May Test Continuing Validity of FERC Delegations of Authority to Agency Staff Once Its Quorum Disappeared

by Stinson Leonard Street on

On February 7 and March 7, 2017, we wrote about how the Federal Energy Regulatory Commission (FERC) is operating without a legal quorum of three members and how the lack of a quorum might affect the validity of FERC staff...more

Briefs Filed in CalPERS v. ANZ Securities

On February 27, 2017, the California Public Employees’ Retirement System (“CalPERS”) filed its brief with the Supreme Court, requesting that the Court reverse the decision of the Second Circuit and abrogate the Second...more

NC Legislative Update - March 2017 #2

by Nexsen Pruet, PLLC on

This Week - Final arguments were heard Tuesday for litigation brought by Gov. Cooper (D) over the legality of legislation passed late last year creating the Bipartisan State Board of Elections & Ethics Enforcement...more

Securities and Structured Finance Litigation Update - March 2017

Continuing Circuit Split Puts “Tolling” of Statutes of Repose Back on U.S. Supreme Court’s Agenda. The U.S. Supreme Court is again set to weigh in on the reach of its decision in American Pipe & Construction Co. v. Utah, 414...more

"Near-Record Securities Litigation Filings Show No Signs of Slowing"

Plaintiffs filed 300 securities class actions in 2016 — a mark much higher than the annual average of 221 from 2011 to 2015 (as reported by NERA Economic Consulting). Indeed, the number of filings in 2016 was the...more

Supreme Court to Hear Class Action Cases Involving Class Action Waivers and Tolling of Statutes of Limitations

The U.S. Supreme Court recently granted certiorari in class action cases involving: (1) class action waivers in employment contracts; and (2) whether filing of a securities class action tolled a statute of repose. In both...more

FCC Shot Clock Not Tolled by Applicant Delays or Vague Notice of Incompleteness, Court Finds

by Best Best & Krieger LLP on

A city granting an applicant’s request for a continuance of a public hearing over installation of a wireless tower is not a mutual agreement to toll the FCC’s “shot clock,” a federal court has ruled. In addition, a vague...more

"Inside the Courts: An Update from Skadden Securities Litigators"

We are pleased to present Inside the Courts (Volume 8, Issue 4), Skadden’s securities litigation newsletter. This quarter’s issue includes summaries and associated court opinions of selected cases principally decided between...more

The Eighth Circuit Extinguishes Claims of Continuing Conduct in Propane Tank Conspiracy

Before plaintiffs could light the pilot on antitrust claims against two propane tank distributors, a split Eighth Circuit panel cut the gas. In doing so, the majority espoused a narrow view of the applicability of the...more

No Repose for Debate on Applicability of American Pipe Tolling

by Carlton Fields on

In its seminal 1974 American Pipe opinion, the Supreme Court held that the commencement of a class action tolls the applicable statutes of limitation as to all putative class members who would have been parties had the class...more

Pennsylvania Tax Developments - A Reed Smith Quarterly Update

by Reed Smith on

Is Pennsylvania bringing back its tax on “computer-related services”? Pennsylvania’s new “Netflix” tax (enacted as part of Act 84 of 2016) covers more than just digital downloads and streaming services. Effective August 1,...more

Superior Court Dismisses Wrongful Death Claims Against Maricopa County Based On Plaintiff’s Untimely Notice Of Claim

Jones, Skelton & Hochuli Governmental and Appellate Group members John DiCaro and Jennifer Anderson recently obtained dismissal of a portion of a wrongful death lawsuit filed against Maricopa County. On January 22, 2014,...more

Two Recent Second Circuit Decisions Provide Opportunity for Supreme Court to Address Whether American Pipe Tolling Extends to...

by Shearman & Sterling LLP on

The tolling rule established by the Supreme Court in American Pipe & Construction Co. v. Utah generally provides that the commencement of a class action in federal court suspends the applicable statute of limitations for all...more

Your daily dose of financial news - The Brief – 7.15.16

by Robins Kaplan LLP on

The 2d Circuit’s nixed a bid by investment fund SRM Global Master Fud LP to revive its $200 million securities fraud suit against Bear Stearns and Deloitte over alleged lies about Bear’s pre-collapse financial health. The...more

TTAB Precedential Decision: Time Limit for Adding Claims Is Tolled by Filing of Cancellation Within Registration’s Fifth...

In a precedential decision, the Trademark Trial and Appeal Board (“TTAB”) held that the filing of a cancellation petition before the five-year anniversary mark of a registration tolls Trademark Act Section 14 for purposes of...more

Filing of Cancellation Prior to Registration’s Fifth Anniversary Allows Later Addition of Otherwise Time-Barred Non-use Claim

Ashland Licensing & Intellectual Property LLC (“Ashland”) petitioned on June 6, 2013, to cancel two registrations owned by Sunpoint International Group USA Corp. (“Sunpoint”). Following discovery, Ashland moved to amend to...more

In Minnesota, the Clock’s Not Ticking During Dispute Resolution

A claim of an unfair discriminatory practice under the Minnesota Human Rights Act must be brought as a civil action or as a charge filed with a local commission or the Minnesota Department of Human Rights within one year...more

6th Cir.: American Pipe Doesn’t Toll Statutes of Repose

by Burr & Forman on

Affirming dismissal of some lingering Morgan Keegan bond fund actions, the Sixth Circuit joined the Second in holding that American Pipe class-action tolling does not affect the expiration of a statute of repose. The Court...more

Pescetarian’s Delight: Ninth Circuit Extends Non-Compete Term Beyond Contractual Period

Does this sound familiar: employee disregards a non-compete and joins a competitor; former company calls foul and initiates a lawsuit; parties fight it out, but by the time litigation has run its course, the non-compete...more

Time Limitations on Lawsuits — The clock is ticking…

Did you know that if you have been hurt or injured due to negligence or a defective product, there is a limited time within which you may bring your claim? All states, including the State of Florida, have rules called...more

Stay Versus Stay: How Litigation Stays Pending IPRs Impact the 30-Month Regulatory Stay in Hatch-Waxman Litigation

by WilmerHale on

Upon initiation of a patent infringement action between branded and generic pharmaceutical companies, the Hatch-Waxman Act (21 U.S.C. § 355(j)) provides for an automatic 30-month stay of Food and Drug Administration approval...more

83 Results
|
View per page
Page: of 4
Cybersecurity

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
Feedback? Tell us what you think of the new jdsupra.com!