News & Analysis as of

Cause of Action Accrual Discovery

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

Dorsey & Whitney LLP

Whose Song Is It Anyway? Questions about Samples in Flo Rida and will.i.am’s Hit “In the Ayer” Soar to the Supreme Court

Dorsey & Whitney LLP on

On September 29, 2023, the Supreme Court granted certiorari in Warner Chappell Music, Inc. v. Nealy, a case that should resolve a split among the U.S. Courts of Appeal relating to the scope of damages available to copyright...more

Harris Beach PLLC

Rule Amendments Narrow Discovery and Clarify Motion Practice in New York’s Commercial Division

Harris Beach PLLC on

Through Administrative Orders, New York state recently amended its Commercial Division rules with an eye towards streamlining discovery and clarifying points of disagreement in summary judgment motions. Attorneys and...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending January 17, 2020

Carlton Fields on

Real Property Update - Condition Precedent / Summary Judgment: Master association was not an owner of the condominium association and lacked standing to defend litigation based upon condominium association’s alleged...more

Seyfarth Shaw LLP

Klocke’s Ongoing Viability: Whether the TCPA’s Statutory Changes Have Resurrected Its Applicability in Federal Court

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On August 23, 2019, the United States Court of Appeals, Fifth Circuit ruled that the Texas Citizen’s Participation Act, Texas Civil Practices and Remedies Code Chapter 27 (“TCPA”), did not apply in federal court. Klocke v....more

Hudson Cook, LLP

After Oral Argument, High Court Seems Poised to Preserve FDCPA Status Quo

Hudson Cook, LLP on

In Rotkiske v. Klemm, the Supreme Court has the opportunity to do what many plaintiffs’ attorneys have dreamed of for years:  effectively expand the FDCPA’s one-year statute of limitations by applying the “discovery rule” to...more

Mintz - Arbitration, Mediation, ADR...

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

Proskauer - California Employment Law

California Employment Law Notes - September 2017

Jobseeker Website May Be Compelled To Disclose Identity Of Anonymous Posters Who Criticized Employer - ZL Technologies, Inc. v. Does 1-7, 13 Cal. App. 5th 603 (2017) - ZL Technologies brought suit, alleging libel per se and...more

King & Spalding

Eleventh Circuit Clarifies When Statute Of Limitations Clock Starts Ticking For Driver’s Privacy Protection Act Claims

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On May 19, 2016, the United States Court of Appeals for the Eleventh Circuit affirmed the dismissal of Driver’s Privacy Protection Act (“DPPA”) claims because they were time barred under the statute of limitations. ...more

Sheppard Mullin Richter & Hampton LLP

California Supreme Court Resolves Split Over Accrual Rules for Unfair Competition Claims

The California Supreme Court has offered hope to plaintiffs facing statute of limitations problems under California’s Unfair Competition Law, holding that special rules for calculating accrual dates for so-called “continuing...more

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