News & Analysis as of

Limitation Periods Contract Terms

Baker Botts L.L.P.

Don't Get Caught Out: When English Limitation Periods Can Trump Your Contract's Governing Law

Baker Botts L.L.P. on

The High Court’s recent decision in Djanogly v. Djanogly [2025] EWHC 61 (Ch) is a rare example of a successful challenge to an arbitration award under s.68 of the Arbitration Act 1996. It also highlights a feature of...more

Smith Anderson

Contracting Parties May Not Shorten The Statute Of Limitations For Unfair And Deceptive Trade Practices Claims

Smith Anderson on

The North Carolina Court of Appeals has effectively ruled that parties cannot contractually agree to shorten the four-year statutory limitations period under the North Carolina Unfair and Deceptive Trade Practices Act...more

BCLP

Limitation periods and concurrent duty in tort and contract

BCLP on

In Sheffield Teaching Hospital Foundation Trust v Hadfield Healthcare Partnership Ltd and others, the Technology and Construction Court provides helpful guidance about the use of standstill agreements to pause limitation...more

Latham & Watkins LLP

Court of Appeal Rules on Enforceability of Mandatory ADR Clauses

Latham & Watkins LLP on

A recent decision reminds parties about the need to draft dispute resolution clauses that are tailored to the parties’ agreement. The Court of Appeal recently ruled that an alternative dispute resolution (ADR) clause in...more

Miller Nash LLP

One-Year Limitation on Claims in Washington Are Unenforceable

Miller Nash LLP on

Today the Supreme Court of Washington issued a decision finding a contractual one-year limitation period in a construction contract unconscionable. The decision—Tadychs v. Noble Ridge—arose from the construction of a custom...more

Faegre Drinker Biddle & Reath LLP

ERISA Benefit Denial Letter Must Identify Contractual Limitations Period

An Illinois federal court recently held that the failure to identify a contractual limitations period in a benefits denial letter renders the limitations period unenforceable, even before applicable regulations were changed...more

Miller Canfield

Sixth Circuit Invalidates Contractual Limitation Periods Under ADA and ADEA

Miller Canfield on

On January 15, 2021, the Sixth Circuit held that an employee cannot waive the statutory limitation periods contained in the Americans with Disabilities Act ("ADA") or the Age Discrimination in Employment Act ("ADEA") by...more

Troutman Pepper Locke

GAR Know-How Construction Arbitration - United States

Troutman Pepper Locke on

Legal System - 1. Is your jurisdiction primarily a common law, civil law, customary law or theocratic law jurisdiction? Are the laws substantially derived from the laws of another jurisdiction and, if so, which? What...more

Bennett Jones LLP

Limitation Law and the Enforcement of Credit and Security Agreements

Bennett Jones LLP on

In June 2018, we wrote on the British Columbia Court of Appeal decision in Leatherman v 0969708 BC Ltd, 2018 BCCA 33, where the court considered sections 14 and 15 of the "new" Limitation Act, SBC 2012, c. 13 in the context...more

Troutman Pepper Locke

Supreme Court Ruling Emphasizes Need for Plan Monitoring

Troutman Pepper Locke on

It appears court decisions frequently impact retirement plans. Starting with the U.S. Supreme Court, what impact will its recent ruling — confirming the ability of 401(k) participants to challenge high-cost investment options...more

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