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Equitable Tolling Statute of Limitations Supreme Court of the United States

Morrison & Foerster LLP - Federal Circuitry

A Cert Grant On Veterans' Benefits And Equitable Tolling

As Federal Circuitry readers know, the Supreme Court in recent years has granted review in many patent cases from the Federal Circuit—like last Term’s big decision in Arthrex. But the Supreme Court also takes up cases from...more

King & Spalding

District Court Rescinds Order Decertifying Class After Ninth Circuit Reversal—Despite the Supreme Court’s Determination that...

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On January 8, 2020, the U.S. District Court for the Central District of California reinstated its June 2014 class certification order, holding that the named plaintiff’s full refund damages model was consistent with his...more

Butler Snow LLP

SCOTUS Watch Update: No “discovery rule” for Rotkiske; FDCPA one-year limitations period runs from date of violation.

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We noted earlier the Supreme Court’s review of the Third Circuit’s decision in Rotkiske v. Klemm regarding the statute of limitations for claims under the Fair Debt Collection Practices Act (FDCPA). Again, this was a case...more

Alston & Bird

Supreme Court Ruling Addresses FDCPA Statute of Limitations

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A&B ABstract: On December 10, 2019, the U.S. Supreme Court held that, absent the application of an equitable doctrine, the one-year statute of limitations for actions against debt collectors under the Fair Debt Collection...more

McCarter & English, LLP

US Supreme Court’s Ruling Favors Debt Collectors In Fair Debt Collection Practices Act Decision

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Rotkiske v. Klemm, 589 U.S. (2019) In a recent decision, the US Supreme Court ruled that a consumer claimant under the federal Fair Debt Collection Practices Act (“FDCPA”) has one year from the alleged violation to file...more

Jones Day

Supreme Court Ruling in Statute-of-Limitations Case has Wide-Ranging Implications

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The Situation: The Fair Debt Collection Practices Act ("FDCPA") allows plaintiffs to sue over abusive debt-collection practices within one year of "the date on which the violation occurs." 15 U.S.C. § 1692k(d). The U.S. Court...more

Blank Rome LLP

U.S. Supreme Court Rules Statute of Limitations for FDCPA Claim Runs One Year from Alleged Violation, Not Discovery

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The Supreme Court of the United States (“Supreme Court”) recently affirmed the Third Circuit’s decision holding Fair Debt Collection Practices Act (“FDCPA”) claims are subject to a one-year statute of limitations from the...more

Hinshaw & Culbertson LLP

U.S. Supreme Court Resolves Circuit Split, Applies Occurrence Rule to FDCPA Statute of Limitations

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Earlier this year, this blog reported on the Supreme Court's grant of certiorari in Rotkiske v. Klemm to resolve a split in circuits on the Fair Debt Collection Practices Act's (FDCPA) statute of limitations. This week, in an...more

Manatt, Phelps & Phillips, LLP

Supreme Court Alert: FDCPA Limitations Period Runs From Violation, Not Discovery

In a victory for common sense, the Supreme Court has ruled, in Rotkiske v. Klemm, that the Fair Debt Collection Practices Act’s statute of limitations begins to run when the alleged FDCPA violation occurs, not when the...more

Ballard Spahr LLP

SCOTUS rules discovery rule does not apply to FDCPA claims

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In an 8-1 decision, the U.S. Supreme Court has ruled in Rotkiske v. Klemm that the FDCPA’s one-year statute of limitations (SOL) runs from the date of the alleged violation and not from a consumer’s discovery of the...more

Locke Lord LLP

U.S. Supreme Court Rejects Application of “Discovery Rule” to Statute of Limitations Under FDCPA, but Leaves Open Possibility of...

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On December 10, 2019, the United States Supreme Court issued its decision in Rotkiske v. Klemm, holding that, absent application of an equitable doctrine, the statute of limitations for a claim under the Fair Debt Collection...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Rotkiske v. Klemm, et al.

On December 10, 2019, the Supreme Court of the United States decided Rotkiske v. Klemm, et al., No. 18-328, holding that the one-year statute of limitations set out in the Fair Debt Collection Practices Act (FDCPA) begins to...more

Hudson Cook, LLP

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

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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

Bradley Arant Boult Cummings LLP

Time Stops For No One: The Supreme Court Addresses Timeliness Issues in Two Separate Class Cases

The U.S. Supreme Court suddenly seems to have a little time on its hands. Or at least on its mind. In two different class action cases on its docket this week, the question at hand was timeliness....more

Mintz - Securities Litigation Viewpoints

U.S. District Court Holds that Certain Claims by Opt-Out Plaintiffs Are Barred by the Statute of Repose

In a recent ruling in In re: BP p.l.c. Securities Litigation the United States District Court for the Southern District of Texas dismissed claims asserted by opt-out plaintiffs as time barred by the Exchange Act’s statute of...more

Hinshaw & Culbertson LLP

American Pipe Clarified: Statute of Limitations for Class Actions not tolled by a Prior Motion for Class Certification

In a unanimous decision, the United States Supreme Court held on June 11, 2018 that a pending motion for class certification does not toll the statute of limitations for the filing of a new class action lawsuit by a putative...more

Hinshaw & Culbertson LLP

Clarifying the SCOTUS American Pipe Decision: Pending Motion for Class Certification does not toll Limitations Period

The United States Supreme Court recently handed the defense bar a useful tool in stemming the tide of class action lawsuits. In the area of employment law, claims for violations of federal wage and hour laws, violations of...more

Littler

Supreme Court Year in Review: Union Agency Fees, Travel Restrictions, and the Retirement of Justice Kennedy

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The U.S. Supreme Court closed out its most recent term, which began in October 2017, with a number of high-profile and ground-breaking decisions. ...more

Amundsen Davis LLC

Good News For Defendants: Supreme Court Rejects Tolling For Class Actions

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On June 11, 2018, the Supreme Court issued its ruling in China Agritech, Inc. v. Resh, clarifying the scope of the tolling doctrine triggered by the filing of a class action. The doctrine, as established by earlier Court...more

Skadden, Arps, Slate, Meagher & Flom LLP

Inside the Courts – An Update From Skadden Securities Litigators - June 2018

This quarter’s issue includes summaries and associated court opinions of selected cases principally decided between February 2018 and May 2018. ...more

Mayer Brown Free Writings + Perspectives

Pending Class Action Does Not Toll Statute of Limitations

The U.S. Supreme Court reached a decision in China Agritech, Inc. v. Resh holding that the equitable tolling rule does not apply to subsequently filed class action claims. ...more

Seyfarth Shaw LLP

Limiting Class Action Tolling: Supreme Court Rules That Filing A Class Action Does Not Toll The Limitations Period For Successive...

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In China Agritech, Inc. v. Resh, the Supreme Court earlier this month held that pending class actions do not toll the limitations period for successive class actions. The ruling limits plaintiffs’ ability to bring successive...more

Cadwalader, Wickersham & Taft LLP

Supreme Court Refuses to Extend American Pipe Tolling to Successive Class Actions

On June 11, 2018, in China Agritech, Inc. v. Resh, the United States Supreme Court held that the American Pipe tolling doctrine, which suspends the running of the statute of limitations applicable to the claims of individual...more

Manatt, Phelps & Phillips, LLP

Supremes: No More Class Action Stacking

A putative class action plaintiff may not launch a new class action lawsuit after an earlier court denies class certification if the applicable statute of limitations has run, says the U.S. Supreme Court, in a unanimous...more

Bracewell LLP

In Securities Case, U.S. Supreme Court Curbs Successive Class Actions

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Last week, the United States Supreme Court reigned in plaintiffs’ ability to file new class action suits outside the statute of limitations. The Court decided in China Agritech that, following denial of class...more

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