News & Analysis as of

Cause of Action Accrual

New York’s Court of Appeals Clarifies the Burden of Proof in Summary Judgment Cases

by White and Williams LLP on

In Rodriguez v. City of New York, 2018 N.Y. LEXIS 793, 2018 NY Slip Op. 02287 (Apr. 3, 2018), New York’s Court of Appeals, New York’s highest court, addressed the question of whether a plaintiff, in moving for summary...more

Second Time’s The Charm: Court OKs Revised Pay Equity Class Action Against Google

by Fisher Phillips on

A California state court just breathed new life into a class action lawsuit against Google that could have a significant impact on pay equity claims across the country. The March 27, 2018 ruling gave the stamp of approval to...more

Strict Liability for Lack of Informed Consent in Clinical Trials

by Pepper Hamilton LLP on

Forty-five years ago, a scandalous medical experiment in Alabama caused the United States to reexamine the concept of informed consent. While that scrutiny continues today, a recent case from Alabama, Looney v. Moore,...more

Chris Lazarini Examines Statute of Limitations Related to Breach of Fiduciary Duty

by Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini examined a case of alleged breach of trust and breach of fiduciary duty against a bank acting as the indenture trustee related to a foreclosure action on defaulted mortgage revenue...more

Are There Limits to the Remedial Powers of an Indenture Trustee?

In the recent case of Cortlandt St. Recovery Corp. v. Bonderman (NY Ct. Ap. Feb. 20, 2018), the New York Court of Appeals addressed the question of the limits on the authority of an indenture trustee to pursue remedial...more

Artificial Diversion of Water/Property Damage: New York Appellate Court Considers Whether Nuisance/Trespass Claims are Time-Barred

The New York Supreme Court (Appellate Division) addressed a procedural issue associated with an action seeking damages and injunctive relief involving allegations that defendants were responsible for property damage as a...more

The Blessing of March Madness

by FordHarrison on

March Madness is back and we’ve had a bit more madness this year. We saw the first 16 seed topple a 1 seed when UMBC shocked Virginia. ...more

Pre-Arbitration Discovery: Turn to State Law Where the Federal Rules are Inadequate

As discussed in an earlier post, obtaining discovery from a non-party to an arbitration often is easier said than done. Depending on the law of the place of arbitration, arbitrators may not be able to compel document...more

Payment limitation periods for works and services

by White & Case LLP on

In the recent case of ICE Architects Ltd v Empowering People Inspiring Communities [2018] EWHC 281 (QB), the English High Court considered whether the wording of the payment provisions in a contract rebutted the presumption...more

Separate Duty to Notify Revives Untimely Subprime Mortgage Claims

by Farrell Fritz, P.C. on

In a thorough opinion last week by Justice Marcy Friedman in Bank of N.Y. Mellon v WMC Mtge., LLC, the New York County Supreme Court upheld the timeliness of “Failure to Notify” claims arising from subprime mortgage-backed...more

Hazardous Substances/Bodily Injury Claim: New York Court Addresses Potential Liability of Engineering Inspection Subcontractor

The Supreme Court (Appellate Division) New York addressed in a March 7th decision whether a lower court properly granted summary judgment to a subcontractor performing engineering inspection services on a highway construction...more

When Is A Fraud Claim Duplicative Of A Breach Of Contract Claim?

by Farrell Fritz, P.C. on

Generally speaking, a fraud claim that is “duplicative” of a breach of contract claim will be dismissed. But when is a fraud claim sufficiently duplicative of a breach of contract claim so as to warrant its dismissal? The New...more

Tired Of Waiting For FLSA Litigation? Meet PAID, WHD’s Pilot Program For Proactive Employers.

by Seyfarth Shaw LLP on

On Tuesday, the Wage & Hour Division announced a new program for resolving violations of the FLSA without the need for litigation. The Payroll Audit Independent Determination program—or “PAID”—is intended to facilitate the...more

Party-by-Party Analysis Adopted for Anti-SLAPP Motions to Dismiss - California Court of Appeal Applies Anti-SLAPP Statute to Some...

by Best Best & Krieger LLP on

A party-by-party analysis was adopted by an appellate court for the California anti-SLAPP statute, significantly narrowing the scope of a lawsuit brought against the City of Alameda and its employees. ...more

Is the Statute of Limitations Really Running?

The concept of a statute of limitations is easy to understand: a lawsuit has to be commenced within so many years after the complained of act occurred or pursuit of the lawsuit may be forever barred. Where it gets tricky are...more

2017 Round-Up: Key Decisions Affecting Connecticut Health Care Providers

by Pullman & Comley, LLC on

Connecticut state and federal courts faced a number of significant health care issues last year. We have summarized those cases that we think are particularly relevant to Connecticut hospitals, group practices and individual...more

Court Precludes Parallel Cause of Action Where CEPA Violations Are Plead

On January 30, 2018, the U.S. District Court for the District of New Jersey granted Defendant Public Service Electric & Gas Co.’s motion to dismiss a New Jersey common law wrongful termination claim in a whistleblower...more

New York Law Extends Statute of Limitations for Failure to Diagnose Cancer

by Harris Beach PLLC on

On January 31, 2018, New York State Governor Andrew M. Cuomo signed into law Senate Bill S 7588-A, which amended the statute of limitations for medical, dental and podiatric malpractice cases where there is an alleged failure...more

Connecticut Supreme Court Recognizes Common-Law Cause of Action for Unauthorized Disclosure of Confidential Medical Information

In a long-awaited decision concerning the confidentiality of medical records and patient privacy, the Connecticut Supreme Court recently concluded that the physician-patient relationship establishes a duty of confidentiality...more

Connecticut Supreme Court Recognizes Common-Law Cause of Action for Unauthorized Disclosure of Confidential Medical Information

In a long-awaited decision concerning the confidentiality of medical records and patient privacy, the Connecticut Supreme Court recently concluded that the physician-patient relationship establishes a duty of confidentiality...more

Hydraulic Fracturing Services: New York Appellate Court Addresses Request to Dismiss Common-Law Indemnification Claim

The Supreme Court of the State of New York (Appellate Division)(“Court”) in a December 22, 2017, Memorandum and Order (“Order”) addressed whether a lower court erred in failing to dismiss a third-party claimant’s...more

Second Circuit Construes Civil RICO's "Domestic Injury" Requirement

by Jones Day on

The Background: A Chilean plaintiff filed a civil RICO action against a Chilean defendant based on the latter's pattern of misappropriation of the former's assets. The Issue: The defendant sought to dismiss the action...more

Numerous unresolved issues roil institutional sexual abuse cases in Minnesota

by Hellmuth & Johnson PLLC on

The high volume of civil sexual abuse cases against institutions triggered by Minnesota’s Child Victim Act has resulted in intense litigation over various potential causes of action. Many often dispositive issues remain...more

Littoral Rights/Lakefront: Florida Appellate Court Addresses Damage Action for View Obstruction

The District Court of Appeals of Florida (“Appellate Court”) addressed in an October 20th opinion a dispute between adjacent lakefront neighbors related to construction of a dock and walkway. See HagertySmith, LLC v....more

CFPB files amicus brief in Eleventh Circuit ECOA case

by Ballard Spahr LLP on

The CFPB has filed an amicus brief in Regions Bank v. Legal Outsource PA, a case on appeal to the Eleventh Circuit that involves two important issues under the Equal Credit Opportunity Act (ECOA): whether the ECOA provides a...more

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