Tolling

News & Analysis as of

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

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

Second Circuit Addresses Statutes of Repose and Tolling in Securities Class Actions

The Second Circuit has clarified the applicable statutes of repose for securities-fraud and proxy-related claims under §§ 9(f), 14(a), and 18(a) of the Securities Exchange Act. The court’s March 17, 2016 decision in DeKalb...more

California Employment Law Notes - March 2016

Nuclear Plant Maintenance Manager's Whistleblower Claim Was Properly Dismissed - Sanders v. Energy Northwest, 2016 WL 560809 (9th Cir. 2016) - David W. Sanders, a maintenance manager for Energy Northwest (a...more

Five-Year Dismissal Statute not Tolled by Order Staying the Case

Milton Howard Gaines v. Fidelity National Title Insurance Company - Supreme Court of California (February 25, 2016) - Code of Civil Procedure (hereafter “C.C.P.”) § 583.310 requires an action to be brought to...more

Supreme Court Declines to Penalize Plaintiff for Failure to Correct Misnomer

Linda Richmond alleged injuries from an April 12, 2009 auto accident that occurred when her vehicle was struck by a vehicle driven by Katherine E. Volk. The vehicle operated by Volk was owned by Jeannie Cornett. Richmond...more

For Whom the Bell Tolls - Only a Complete Litigation Stay Extends the Five Year Rule For Bringing a Case to Trial

On February 25, 2016 the Supreme Court of California in Gaines v. Fidelity National Title Insurance Company, et al. (Court of Appeal B244961, Superior Court Case BC361768), affirmed the lower courts’ holdings that a partial...more

Supreme Court Update: Montgomery V. Louisiana (14-280), Federal Energy Regulatory Commission V. Electric Power Supply Association...

The decision in Montgomery v. Louisiana (14-280) was a biggie, and not just because it retroactively applied the Court's 2012 holding that mandatory sentences of life without parole for juvenile offenders violate the Eighth...more

Google’s Strategic Purchase of Rights and Counterclaim Do Not Survive Delaware’s Statute of Limitations - Personalized User Model,...

Addressing the requirements for tolling the statute of limitations (SOL), the U.S. Court of Appeals for the Federal Circuit affirmed the district court’s grant of judgment as a matter of law (JMOL), finding that the district...more

Eleventh Circuit Upholds Rule Against Tolling For Successive Class Actions

The Eleventh Circuit has reaffirmed the rule announced in Griffin v. Singletary, 17 F.3d 356 (11th Cir. 1994), that there can be no piggybacking of successive class actions for statute of limitations purposes regardless of...more

11th Circuit Declines to Follow the Pack on “No Piggybacking” Rule

On August 3, 2015, the 11th Circuit held in Ewing Industries Corp. v. Bob Wines Nursery, Inc., No. 14-13842, 2015 WL 4605234 (11th Cir. Aug. 3, 2015) that the pendency of a purported class action does not toll the limitations...more

Eleventh Circuit Doubles Down on “No Class Tolling” Rule

The Eleventh Circuit has doubled down on its prior holding that a pending class action will not toll the statute of limitations for a later class action seeking to represent the same class. Plaintiff brought a class action...more

Splitting the Difference: Recent Developments in Circuit Splits Over Class Action Lawsuits

It has been a busy summer for federal appellate courts deciding class action issues. Amidst all the sound and fury, this summer's decisions so far highlight two splits among the federal circuits, while also diminishing if...more

A Prior Putative Class Action Does Not Toll The Statute of Limitations For Subsequent Class Actions, Eleventh Circuit Affirms

In Ewing Indus. Corp. v. Bob Wines Nursery, No. 14-13842, 2015 U.S. App. LEXIS 13484 (11th Cir. Aug. 3, 2015), the Eleventh Circuit Court of Appeals held that the pendency of a prior purported class action does not toll the...more

Supreme Court Rejects Application of Wartime Tolling to Civil False Claims Actions

The cost and risk associated with allegations under the FCA create a heightened importance on defining the scope of the claims that are at issue. Accordingly, the applicable statute of limitations is critical in determining...more

Product Liability Update - July 2015

Massachusetts Supreme Judicial Court Holds Failure-to-Warn Claim Against Drug Manufacturer Not Preempted Because There Was No “Clear Evidence” FDA Would Not Have Approved Plaintiffs’ Suggested Warning; Also Holds...more

The Sixth Circuit Expands American Pipe Tolling

On July 7, the Sixth Circuit decided Phipps v. Wal-Mart Stores, Inc., No. 13-6194, 2015 WL 4079441 (6th Cir. July 7, 2015), an interlocutory appeal in one of the regional progeny of the U.S. Supreme Court’s famous decision in...more

Inapplicability of the "One Year" Limitations Tolling Period of the N.C. Rules of Civil Procedure

In Murphy v. Hinton, No. COA14-1230 (July 7, 2015), the North Carolina Court of Appeals determined that a complaint dismissed voluntarily cannot benefit from the "one-year refiling" period pursuant to Rule 41(a)(1) of the...more

Another Mini-Dukes Action Revived

Current and former women employees of Wal-Mart recently won big in the Sixth Circuit in their mini-Dukes discrimination class action. The trial court had ruled that the class action was filed too late, but the court of appeal...more

Texas Transportation Legislation: Overview of the 84th Legislative Session

Heading into the 84th Legislative Session the outlook for transportation issues, and tolling in particular, was uncertain. After 14 years under Governor Perry and 12 years under Lieutenant Governor Dewhurst, Texas had a new...more

U.S. Supreme Court Rejects Indefinite Tolling of False Claims Act under Wartime Suspension of Limitations Act; Holds First-to-File...

Yesterday, in Kellogg Brown & Root Services, Inc., et al. v. United States ex rel. Carter, 575 U.S. __ (2015), the Supreme Court settled two important questions under the False Claims Act (the FCA). In a unanimous decision...more

Businesses May Have Until At Least 2017 To Recover Hidden Access Fees Taken By Blue Cross Blue Shield

Great news for the hundreds of businesses from which Blue Cross Blue Shield of Michigan charged hidden fees: a federal court's recent ruling indicates that the businesses have several more years to file claims against BCBSM...more

No Equitable Extension of a Pennsylvania Oil and Gas Lease

Whoa! I didn’t see this one coming. Pennsylvania lessees are not entitled to an equitable extension of the primary term of an oil and gas lease in the face of a legal challenge to the validity of the lease....more

Amendments to Arizona’s Purchaser Dwelling Act Impact Residential Construction Claims

House Bill 2578, which amends the Purchaser Dwelling Act (“Act”) was signed into law by Governor Ducey on Monday, March 23, 2015. The Purchaser Dwelling Act sets forth a procedure for bringing claims for construction defects...more

The False Claims Act 2015: DOJ Policies and Judicial Decisions Likely to Lead to an Increase in FCA Claims

By all accounts, 2014 was a banner year in False Claims Act (FCA) enforcement, with the Department of Justice (DOJ) announcing a record $5.69 billion in FCA recoveries. 2015 promises to be an equally active year and is...more

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