News & Analysis as of

Breach of Contract Statute of Limitations Motion to Dismiss

Hinshaw & Culbertson - Lawyers for the...

Continuous Representation Rule Does Not Extend the Statute of Limitations in Legal Malpractice Claims

Davis, et. al. v. Hayes Hofler, P.A., 2024 N.C. App. LEXIS 11 (Ct. App. January 2, 2024) - Brief Summary - The North Carolina Court of Appeals aligned itself with the minority view by holding that the continuous...more

Farrell Fritz, P.C.

All You Need Is Love… And An Articulable Nexus Of Fraud

Farrell Fritz, P.C. on

What can you do when the parties you are suing are effectively judgment-proof? Oftentimes, plaintiffs will try to go after a defendant’s family member or related entity. ...more

Morris James LLP

Chancery Denies Motion to Dismiss, Awaits Development of Factual Record to Rule on Laches Defense

Morris James LLP on

Kim v. Coupang, LLC, C.A. No. 2020-0772-JRS (Del. Ch. Aug. 19, 2021) - If a court can rule on the affirmative defense of laches on the face of a complaint, it may grant a motion to dismiss. As this case illustrates,...more

ArentFox Schiff

Municipal VRDO Class Action Survives Banks’ Request for Dismissal

ArentFox Schiff on

Financial institutions should work with outside counsel to ensure that their internal policies and external actions minimize conduct that may violate state and Federal laws and regulations, and incentivize employees to reward...more

Foley & Lardner LLP

Divorce Tips: How to Avoid Getting Your New Channel Partners Sued

Foley & Lardner LLP on

Leaving behind an underperforming dealer or distributor relationship for a new one can be exciting for manufacturers and suppliers. It’s always a good feeling to get a part of the business turned around and headed in the...more

Carlton Fields

Individual Indexed Annuities Viewed as Installment Contracts for Statute-of-Limitations Purposes

Carlton Fields on

In a recent decision by a New Jersey district court partially denying a motion to dismiss, the characterization of individual indexed annuities as installment contracts had a significant impact on the potential liability of...more

Bass, Berry & Sims PLC

Chris Lazarini Examines Accrual of Indemnitor Liability

Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini examined a case in which a mortgage company sued a bank under the indemnity clause of the parties loan purchase agreement. The bank sought dismissal on statute of limitations...more

Morris James LLP

Court of Chancery Explains Conspiracy Jurisdiction and Inquiry Notice Rules

Morris James LLP on

iBio v. Fraunhoffer Gesellschaft, C.A. No. 2017-0790-TMR (Del. Ch. Dec. 10, 2018) - This decision has two helpful analyses. First, it addresses the conspiracy theory of jurisdiction under the well-known Instituto Bancario...more

Cadwalader, Wickersham & Taft LLP

Accrual Clauses in RMBS Contracts Violate New York Law and Public Policy

On October 16, 2018, the New York State Court of Appeals held that contractual attempts to extend the statute of limitations for causes of action involving breaches of contract are unenforceable because they violate New York...more

Kramer Levin Naftalis & Frankel LLP

Addressing the Statute of Limitations in Serial Asset Sales Violating an Indenture

Market participants invest billions of dollars each year in debt, secured and unsecured. The credit support  for the debt would be illusory without carefully crafted covenants that prevent the company from selling or...more

Nutter McClennen & Fish LLP

Judge Salinger: Defendant’s Letter Disputing Existence of Contract Does Not Trigger Start of Statute of Limitations Period for...

In Bay Colony, Judge Salinger denied the defendants’ motion to dismiss a contract claim as time barred even though one defendant (AMB) had sent a letter to the plaintiffs more than six years earlier disputing the existence of...more

Carlton Fields

Illinois District Court Dismisses Case Filed By Insurance Department, As Rehabilitator, Against Reinsurer

Carlton Fields on

The District Court for the Northern District of Illinois dismissed a complaint filed by Plaintiff-Rehabilitator, the Illinois Director of Insurance, against Defendant-Reinsurer, Twin Rivers, alleging breach of contract,...more

Allen Matkins

Partnership Dissolution And A Chief Judge’s Lament

Allen Matkins on

Decisions by U.S. District Court judges typically begin with an identification of the parties, an explanation of the procedural posture of the case, or a description of the dispute. Chief Judge Lawrence J. O’Neill, however,...more

Orrick - Finance 20/20

Judge Denies Dexia’s Bid to Dismiss MBS Claims as Time-Barred

Orrick - Finance 20/20 on

On June 6, Judge Shira A. Scheindlin of the U.S. District Court for the Southern District of New York denied Dexia Real Estate Capital Markets’ (Dexia) motion to dismiss breach of contract claims brought by U.S. Bank National...more

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