News & Analysis as of

Claims Limitations Period

Butler Snow LLP

Multi-Million Dollar FELA Verdict Reinstated: Limitations Was a Question for the Jury, Not the Judge

by Butler Snow LLP on

The Kansas Supreme Court recently reversed the Kansas Court of Appeals, and re-instated a three-plus million dollar jury verdict in favor of an injured BNSF Railway worker. It did so after finding that it was for the jury —...more

Bradley Arant Boult Cummings LLP

Urgent Considerations with Harvey, Irma, and Maria Suit Limitations Deadlines Approaching

Commercial Property and Business Interruption insurance policies customarily include suit limitations clauses to protect the insurer against lawsuits. These clauses may be found buried amid general conditions in the property...more

Dorsey & Whitney LLP

The Supreme Court - May 13, 2019

by Dorsey & Whitney LLP on

The Supreme Court of the United States issued three decisions this morning: Apple, Inc. v. Pepper, No. 17-204: Apple’s App Store is the only place iPhone users may lawfully buy apps. Although Apple sells the apps...more

Bennett Jones LLP

Court of Appeal Affirms Decision to Dismiss the Rana Plaza Class Action

by Bennett Jones LLP on

On December 20, 2018, the Ontario Court of Appeal released its decision in the Rana Plaza Class Action (Das v George Weston Limited, 2018 ONCA 1053) affirming the Ontario Superior Court of Justice’s decision to dismiss the...more

Dentons

Collateral warranty signed later than practical completion had retrospective effect

by Dentons on

In Swansea Stadium Management Company Ltd v. City & County of Swansea and Interserve Construction Ltd [2018] EWHC 2192, the contractor argued that the tenant's claim under an undated collateral warranty had been issued...more

K&L Gates LLP

OnRisk: Insurance for Cyber Risk in M&A Transactions - A HUB Talks Podcast

by K&L Gates LLP on

Cyber due diligence is quickly becoming the “new normal” for buyers in M&A transactions as they seek to protect themselves against cyber risk. Cyber due diligence, however, is only part of the solution. Many sophisticated...more

Field Law

Defence + Indemnity: April 2018 - IV. Practice Issues A.

by Field Law on

IV. PRACTICE ISSUES - A. The Court, applying Ontario’s appropriateness factor under the Limitations Act, 2002, SO 2002, c 24, Schedule B., found the limitations period was did not begin to run until the insurer denied the...more

Goodwin

Third Circuit Holds Discovery Rule Does not Apply to FDCPA Limitations Period

by Goodwin on

On May 15, 2018, the United States Court of Appeals for the Third Circuit issued an important decision regarding the statute of limitations under the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692, et seq. In...more

White and Williams LLP

Texas Court of Appeals Confirms That, in Order to “Bring Suit” Within the Statute of Limitations Period, a Plaintiff Must Exercise...

by White and Williams LLP on

In Molina v. Gears, 2018 Tex. App. LEXIS 1978 (March 20, 2018), the Texas Court of Appeals addressed the issue of whether a plaintiff who timely-filed a complaint exercised due diligence with respect to serving the complaint....more

White & Case LLP

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

Field Law

Defence + Indemnity: February 2018 - VI. SURETY AND BOND ISSUES

by Field Law on

VI. SURETY AND BOND ISSUES - A. Supreme Court of Canada finds obligee/trustee under a Labour and Material Payment Bond breached the fiduciary duty owed to a claimant by failing to disclose existence of the Bond. Valard...more

Jackson Walker

Texas House Bill 1774 and Hurricane Harvey

by Jackson Walker on

Our hearts and thoughts go out to all of our employees, clients, and friends affected by Hurricane Harvey and the devastation caused by the storm. Your personal safety, and that of your family and loved ones, is our top...more

Williams Mullen

2016: A Busy Year for the Supreme Court of Virginia, Including 2 Significant Decisions for the Construction Industry

by Williams Mullen on

If you are a design professional providing services in Virginia, or a general contractor on a public works project for the Commonwealth of Virginia, you need to know of two Virginia Supreme Court decisions in 2016. You ask...more

Fisher Phillips

Volks Rule officially withdrawn by OSHA

by Fisher Phillips on

OSHA has now officially withdrawn the so called “Volks Rule” that had attempted to set a 5 year limitations period for OSHA Recordkeeping violations....more

Jones Day

Time Is Money: A Remedy for Delay in Settlement of Commercial Insurance Claims in the UK?

by Jones Day on

Section 13A of the Insurance Act 2015 ("Section 13A") implies a term into insurance policies issued or varied after that date that requires insurers to settle claim sums due within a "reasonable time". This new provision...more

Dorsey & Whitney LLP

Stop The Tolling: Minnesota Supreme Court Rules That an Employee’s Internal Complaint Tolls the Statute of Limitations under the...

by Dorsey & Whitney LLP on

Under the MHRA, employees have one year to bring a discrimination claim (by filing a Charge of Discrimination with the Minnesota Department of Human Rights or by going directly to court). In a little-used provision, the...more

Thompson Coburn LLP

‘Home Improvement’ decision may provide tools for drafting, managing CAM in commercial leases

by Thompson Coburn LLP on

In California, commercial lease tenants typically pay a portion of the common area maintenance expenses or "CAM." Commercial leases also generally include the right of the tenant to audit the landlord's CAM statement each...more

Bennett Jones LLP

When is an Environmental Contamination Claim Too Old to Extend the Limitation Period?

by Bennett Jones LLP on

40 to 60 years may be too old when determining whether to extend a limitation period for a negligence-based environmental contamination claim, the court recently ruled in Brookfield Residential (Alberta) LP (Carma Developers...more

Jones Day

ITC Proceedings Do Not Trigger One Year Clock to File IPR

by Jones Day on

Increasing use of Inter Partes Reviews (IPRs) by patent stakeholders and an increase in the number of ITC complaints heighten the importance of an interplay between IPRs and ITC proceedings. We have previously noted that the...more

Zelle  LLP

Discovery Rule is Better Accrual Standard for Antitrust Claims

by Zelle LLP on

The Clayton Act creates a federal civil cause of action for anti-competitive business practices. The act as originally passed in 1914, however, did not include a statute of limitations. Thus, for approximately 40 years,...more

Field Law

Defence & Indemnity - December 2016: V. SURETY AND BOND ISSUES

by Field Law on

Alberta Court of Appeal confirms an obligee/trustee under labour and material payment bond has no legal duty to disclose the existence of such a bond to potential bond claimants until specifically asked about its...more

Bass, Berry & Sims PLC

Chris Lazarini Comments on Ambiguity in Insurance Policy - Thought Leadership - Bass Berry

by Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini commented a case in which a broker-dealer claimed the term "final judgment" in its insurance policy was ambiguous and should be construed against its insurance carrier, as is typical...more

White & Case LLP

Forfeiture: High Court grants relief after 14 months

by White & Case LLP on

Landlords and agents may have to look again at whether 6 months is sufficient time to allow the tenant to apply for relief, before exercising peaceable re-entry. In Pineport Ltd v Grangeglen Ltd [2016] EWHC 1318 (CH) the...more

Manatt, Phelps & Phillips, LLP

Intellectual Property Law - June 2016

Defend Trade Secrets Act of 2016: An Overview - Why it matters: The Defend Trade Secrets Act of 2016 (DTSA) was signed into law on May 11, 2016 and gives trade secret owners a federal cause of action for injunctive...more

Lane Powell PC

ERISA (6th Circuit): Mental Nervous Limitations and Dealing with Arguments of “Organic Cause”

by Lane Powell PC on

You know that most ERISA disability plans contain a 24-month limitation related to mental/nervous disabilities. But what happens when the claimant alleges the mental illness is “organically caused”? Is that enough to...more

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