News & Analysis as of

Tolling

Balch & Bingham LLP

Eleventh Circuit Court Of Appeals Decision Examines What Is Needed To Preserve An Argument For Appeal - (TRANSCRIPT)

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In this episode of Decision Dive, Balch’s Jason Tompkins, Chair of Balch & Bingham’s Issues & Appeals Practice, is joined by Robert Baxley, attorney in the firm’s Litigation Practice, to explore the Eleventh Circuit’s new...more

Holland & Knight LLP

Opposing Endless Extensions of the 60-Day Seal Period in False Claims Act Cases

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Is there a limit on the number of times the federal government can request extensions of the 60-day period under seal to decide whether to intervene in a qui tam relator's False Claims Act (FCA) case? The appellants in U.S....more

Cozen O'Connor

New York Note – Congestion Pricing, Cannabis Settlement, State Bills

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The Traffic Mobility Review Board has issued their report on a recommended tolling structure for the Central Business District tolling program. The TMRB recommended a $15 base toll for passenger vehicles, discounted overnight...more

Bond Schoeneck & King PLLC

The COVID Tolling Window for Personal Injury Cases Has Closed

We have reached the end of the COVID tolling window for personal injury cases. Any personal injury complaints that accrued during the 228-day tolling period from March 20, 2020, through Nov. 3, 2020, that have not yet been...more

Vinson & Elkins LLP

At DC Circuit, FERC Defends Oil Pipeline Index Rehearing Orders as the Result of Notice and Comment Process

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On October 25, 2023, the United States Court of Appeals for the District of Columbia Circuit heard the Liquid Energy Pipeline Association’s (“LEPA”) challenge to the Federal Energy Regulatory Commission’s (“FERC”) rulings,...more

Holland & Knight LLP

Florida Law Increases Permit Extensions, Makes Changes Regarding Natural Emergencies

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Florida was hit by Hurricane Ian in September 2022 and Hurricane Nicole in November 2022, both of which caused severe damage to various parts of the state. In response to these disasters, the Florida Legislature enacted...more

Arnall Golden Gregory LLP

Gamesmanship No More: How the Government’s Dawdling Cut a False Claims Act Verdict in Half

After a substantial jury verdict following a lengthy trial, the United States Court of Appeals for the Fifth Circuit declined to accept the defendants’ invitation to throw out the government’s complaint in intervention as a...more

Allen Matkins

Renewable Energy Update 8.25.23

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Figures from the California Energy Commission (CEC) highlight California’s continued progress toward building a more resilient grid, achieving 100% clean electricity, and meeting the state’s carbon neutrality goals. Analysis...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Massachusetts SJC Holds That COVID-19–Related Tolling Does Not Extend Time to File a Complaint at the MCAD

On July 11, 2023, the Massachusetts Supreme Judicial Court (SJC) declined to extend its early COVID-19 emergency orders to the time limits established for filing a complaint with the Massachusetts Commission Against...more

Gray Reed

Legal Research Gone Wrong: A Cautionary Tale About Relying on ChatGPT

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Claiming that he was injured when a metal serving cart struck his knee during a flight from El Salvador to New York in 2019, Robert Mata recently sued Avianca Airlines. Avianca filed a motion to dismiss in New York federal...more

Alston & Bird

Breaking Up Is Hard to Do: The End of the COVID Mandates and Outbreak Period Extensions

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The National Emergency brought about by the COVID-19 pandemic may be at an end, but there are still administrative details to sort out. Our Employee Benefits & Executive Compensation Group provides in-depth analysis for how...more

Proskauer - Employee Benefits & Executive...

Update: Big Headline, Small Impact: Legislation Ends COVID-19 National Emergency

Important Update: Based on informal comments from the U.S. Department of Labor, it appears that the tolling of benefit plan deadlines will end on July 10, 2023, as described in our earlier blog on this subject,...more

Rivkin Radler LLP

First, Second and Third Departments All Hold That COVID Executive Orders Tolled NY’s Statutes of Limitations

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Only weeks ago, the Appellate Division, Second Department issued its McLaughlin decision reaffirming Brash– another Second Department decision which we wrote about on August 4, 2021. As we discussed in our blurb, Brash was...more

Alston & Bird

Land Use Matters March 2023 – CEQA Appellate Decisions & Other Legal Developments

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Los Angeles City Planning and Department of Building and Safety - COVID-19 Emergency Public Order on Tolling and Time Limits Rescinded - On March 21, 2020, then-Mayor Eric Garcetti issued a COVID-19 emergency public order to...more

Bass, Berry & Sims PLC

Tolling No More: Preparing for the End of COVID-19 Emergency Declarations

On January 30, President Biden announced his intention to end the COVID-19 National Emergency (NE) and Public Health Emergency (PHE) effective May 11, 2023. Both emergency declarations resulted in various forms of relief for...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Maryland’s New Harassment Definition and Extended Tolling Period Pose Increased Challenges for Employers

Two recent developments out of Annapolis pose new challenges for Maryland employers confronted with claims of harassment. Effective October 1, 2022, Maryland’s employee-friendly Senate Bill (S.B.) 450 and S.B. 451 lowered the...more

Holland & Knight LLP

Florida's State of Emergency for Hurricane Ian Gives Developers, Permit Holders More Time

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Florida Gov. Ron DeSantis issued Executive Orders 22-218 and 22-219 on Sept. 23 and 24, 2022, respectively, declaring a state of emergency due to Tropical Depression Nine (also referred to as Hurricane Ian) across the entire...more

Perkins Coie

CEQA Challenge to Campus Town Project in Monterey County Was Untimely

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The Court of Appeal held that a writ petition asserting potential CEQA violations concerning the Campus Town project, a significant development project in Monterey County, was untimely because it was filed after the fixed end...more

Weber Gallagher Simpson Stapleton Fires &...

Effects of Former New York Gov. Cuomo’s Executive Orders on Statutes of Limitations

On March 7, 2020, then Governor Andrew A. Cuomo issued Executive Order No. 202, declaring a disaster emergency for the entire State of New York due to COVID-19. On March 20, 2020, Executive Order No. 202.8 was issued, which...more

Carlton Fields

SEC Tolling Agreements Upheld: Second Circuit Lifts Tollgate

Carlton Fields on

This article supplements our April 2021 Expect Focus article, “A Future Without SEC Tolling Agreements? Some Say ‘Not So Fast.’” In that article, we addressed a case of first impression, SEC v. Fowler, which was pending in...more

Stark & Stark

New Bill Clarifies Statute of Limitations For Community Association Transition Litigation Matters

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On Tuesday, January 18, 2022, Governor Murphy signed into law Senate Bill 396, which automatically tolls (i.e. pauses) the 6-year Statute of Limitations for construction defect claims by condominium and/or homeowner...more

Holland & Knight LLP

New California Labor and Employment Laws for 2022

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The California Legislature has enacted several new laws that will impact the workplace in 2022. This Holland & Knight alert provides a brief summary of select employment laws that went into effect on Jan. 1, 2022, unless...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Georgia Courts Cannot Toll Duration of Noncompete Agreement, Even Against Willful Violator

Since the passage of the Georgia Restrictive Covenants Act (O.C.G.A. § 13-8-50 et seq.) in May 2011, there has been some level of uncertainty regarding the extent to which a court may “blue pencil” or modify an otherwise...more

Proskauer - Employee Benefits & Executive...

COBRA Election and Payment Periods: Does One Year of “Tolling” Really Mean One Year?

Remember the DOL/Treasury relief that tolled the COBRA election and payment deadlines for up to one year due to the COVID-19 pandemic (referred to below as “Tolling Relief”)? If you have been wondering whether, under that...more

Dechert LLP

Second Circuit Upholds Enforceability of SEC Tolling Agreements

Dechert LLP on

Recently, the U.S. Court of Appeals for the Second Circuit issued its decision in SEC v. Fowler, 6 F.4th 255 (2d Cir. 2021), rejecting an argument that a federal district court lacked subject matter jurisdiction over a...more

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