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Appeals Statute of Limitations

Foley & Lardner LLP

Research Misconduct: ORI Issues Final Rule with Modernized and Streamlined Regulations

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On September 17, 2024, the Office of Research Integrity (ORI) issued a final rule adopting changes to federal regulations governing research misconduct involving federally funded research (Final Rule). The regulations have...more

Perkins Coie

CEQA Statute of Limitations Not Triggered by Planning Commission NOD While Appeal to Board of Supervisors Was Pending

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A Court of Appeal held that the CEQA statute of limitations period does not begin to run after the filing of an initial notice of determination if the project is appealed. Central for Biological Diversity v. County of San...more

McDermott Will & Emery

It’s All Grecco to Me: No “Sophisticated Plaintiff” Exception to Discovery Rule

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In a case of first impression, the US Court of Appeals for the Second Circuit held that there is no “sophisticated plaintiff” exception to the Copyright Act’s discovery rule, which provides that a copyright claim only accrues...more

Allen Barron, Inc.

What to do if You Receive an IRS Audit Notification Letter 0724

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What should you do if you receive an IRS audit notification letter? Why should you consider engaging an experienced IRS audit and tax attorney who represents U.S. taxpayers facing an IRS audit or any other federal or state...more

Dunlap Bennett & Ludwig PLLC

Case Analysis: The Supreme Court Rules A Plaintiff May Claim Over A Decade’s Worth Of Damages For A Copyright Claim Involving A...

The Supreme Court recently ruled 6-3 in the case of Warner Chappell Music, Inc., et al. v. Nealy, et al. that producer Sherman Nealy may claim damages for an unlicensed sample of his work used in Flo Rida’s 2008 hit song “In...more

Houston Harbaugh, P.C.

SCOTUS Rules that Copyright Damages Can Be Recovered Beyond Three Years, Leave Discovery Rule For Another Day

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The U.S. Supreme Court ruled on May 9th, 2024, in the case of Warner Chappell Music, Inc., et al., v. Nealy, et al., that plaintiffs in a copyright ownership dispute can recover damages beyond the three-year statute of...more

Paul Hastings LLP

The Supreme Court Affirms the Availability of Damages Beyond Three Years for Copyright Infringement If the Discovery Rule Applies

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On May 9, 2024, the Supreme Court issued its decision in Warner Chappell Music Inc. et al. v. Nealy et al., holding that a plaintiff can seek damages for past infringement that had occurred earlier than the three-year statute...more

McCarter & English, LLP

Damages Uncapped: Supreme Court Removes Three-Year Limit on Copyright Damages

In a victory for copyright owners, the US Supreme Court confirmed in a recent case that copyright owners who sue for infringement may recover money damages that are not limited to the three-year period before filing suit....more

Eversheds Sutherland (US) LLP

Going to the [Warner] Chappell, and we’re gonna get DA-A-AMAGES!

A split Supreme Court has decided that, under a plain reading of the Copyright Act, a party alleging copyright infringement may obtain damages for the entire damages period, so long as the suit itself is timely brought....more

McDermott Will & Emery

Supreme Court Permits Retrospective Relief for Timely Copyright Claims Under Discovery Rule

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On May 9, 2024, in a 6-3 decision, the Supreme Court of the United States affirmed the US Court of Appeals for the Eleventh Circuit’s prior ruling, holding that a plaintiff with a timely infringement claim under the discovery...more

Perkins Coie

Belatedly Filed Amendment to Petition Challenging a Specific Plan Did Not Relate Back to Premature Challenge Filed Before Specific...

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Petitioner’s challenge to a Specific Plan, which was filed before that plan was adopted, was barred as premature, and its belated attempt to amend its petition after the Specific Plan had been adopted was barred by the...more

McDermott Will & Emery

Same Product in Different Packaging May Constitute Separate Market for Antitrust Purposes

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Addressing an issue of first impression, the US Court of Appeals for the Second Circuit concluded that two medications that contain the same ingredients but are packaged in different forms constitute separate markets for...more

Vondran Legal

California Financial Elder Abuse Law in the Real Estate Context

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...Financial Elder Abuse Cases in California in the Real Estate context - This blog provides general legal information regarding the topic of financial elder abuse in California, with a focus on cases involving real estate...more

Seyfarth Shaw LLP

Privacy In Focus: BIPA’s Current Landscape and the Crucial Role of Statutory Exemptions

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Throughout much of 2023, businesses found themselves in a challenging position as they continued to grapple with defending against Illinois Biometric Information Privacy (BIPA) class action lawsuits. The year began on a...more

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

Faegre Drinker Biddle & Reath LLP

Texas Court of Appeals Clarifies Accrual of Statute of Limitations for Property Claims

When does a cause of action arise against an insurer in the property and casualty setting? Are there “magic words” by the insurer that start the clock? No; but an insurance company may better evaluate the accrual date for...more

White and Williams LLP

What a Difference a Day Makes: Mississippi’s Discovery Rule

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The discovery rule applies to latent injuries, such that the statute of limitations does not begin to run until the plaintiff knows of or should have known of the injury. In Western World Ins. Group v. KC Welding, LLC, No....more

Freiberger Haber LLP

Amended Complaints, New Defendants and the Relation-Back Doctrine

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“A” brings an action against “B”. The causes of action asserted against “B” are all timely for statute of limitations purposes. Following discovery, “A” learns that “C” played a material role in the facts and...more

Hinshaw & Culbertson - Lawyers for the...

Illinois Appellate Court Confirms That the Statute of Limitations Commences Once the Plaintiff Has Sufficient Evidence to Know of...

Brief Summary - Plaintiff, Nancy Malek (plaintiff), filed a complaint against her now ex-husband’s counsel, Chuhak & Tecson, P.C. (defendant or C&T), alleging that the defendant aided and abetted a fraudulent transfer of...more

Payne & Fears

Key California Employment Law Case Summaries: August 2023

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Summary -   Emergency Rule 9, which tolled statutes of limitations for six months due to the COVID-19 pandemic, is valid and operates to extend the time to file a civil suit for a PAGA claim as well as the time period to...more

Winstead PC

Court Affirms Order Voiding Marriage Between Decedent And His Niece

Winstead PC on

In Allebach v. Gollub, the decedent had three children, and after he died, one of them filed a will contest and a claim that the decedent’s marriage to his second wife was void. No. 14-22-00272-CV, 2023 Tex. App. LEXIS 3469...more

Kaufman & Canoles

Recent Virginia Court of Appeals Opinion Holds Statutes of Limitations Do Not Apply Where Only Equitable Relief is Sought

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Last week, the Court of Appeals of Virginia issued an important opinion involving trespass and statutes of limitations. In Willems v. Batcheller, Record No. 0754-22-4, 2023 Va. App. LEXIS 524 (Ct. App. Va. Aug. 8, 2023), the...more

Perkins Coie

Lot Created on 1869 Map and Conveyed With Fewer Than Four Other Lots Was Lawfully Subdivided

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The First District Court of Appeal held that a single deed conveying four or fewer contiguous lots can qualify for a presumption of legality under section 66412.6(a) of the Subdivision Map Act so long as the lots are...more

BCLP

Time Limits for Arbitral Awards: A Case Summary

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In Alphamix Ltd v The District Council of Riviére Du Rampart (Mauritius) [2023] UKPC 20, an appeal from the Supreme Court of Mauritius, the UK Privy Council has allowed the appeal and upheld the arbitrator’s award, where the...more

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