News & Analysis as of

Litigation Strategies Statute of Limitations

Maison Law

What are Compensatory Damages in California Personal Injury Lawsuits

Maison Law on

Personal injury damages in California are intended to make an accident victim whole again by compensating him or her for the injuries and damages caused by the intentional, reckless or negligent acts of another person or...more

Maison Law

What is the Statute of Limitations in California Personal Injury Law?

Maison Law on

What is a Personal Injury Case? As we explain below, California law imposes a two-year statute of limitations for personal injury cases. Initially, it helps that you understand the nature of a personal injury case....more

Faegre Drinker Biddle & Reath LLP

Court Finds Ship Has Sailed for Seaman to Disclose Expert’s Opinions, Resulting in Summary Judgment

Discovery deadlines exist for a reason. Although there are exceptions to every rule – and often a rule dictating how to handle such exceptions – litigants in federal court are expected to show their evidentiary cards in a...more

Reveal

FRCP 15: What It Means for Litigants and How to Efficiently Prepare for Trial

Reveal on

The Federal Rules of Civil Procedure (FRCP) can be intricate and confusing, especially when it comes to the interplay between various rules. Few aspects of civil litigation present potential pitfalls such as amending and...more

Freeman Law

Texas Law Update: Statute of Limitations, the Discovery Rule, and Fraudulent Concealment

Freeman Law on

On January 13, 2023, the Texas Supreme Court issued its opinion in Marcus & Millichap Real Estate Investment Services of Nevada, Inc. v. Triex Texas Holdings, LLC, __ S.W.3d __, 2023 WL __ (Tex. Jan. 13, 2023) (per curiam)...more

Venable LLP

Judge Tells FTC That It Can’t Have Its Part III and Eat It, Too

Venable LLP on

I’ve never really understood the saying “You can’t have your cake and eat it, too,” but I was reminded of it when I read U.S. District Judge Amy Totenberg’s opinion rejecting the FTC’s efforts to stay or voluntarily dismiss...more

Farrell Fritz, P.C.

“Know thy enemy”: The Importance of Identifying Proper Defendants in Land Use Litigation

Farrell Fritz, P.C. on

When commencing an action or proceeding challenging a land use approval, it is critical that the plaintiff/petitioner identify all parties having an interest in both the approval itself and the real property to which it...more

Carlton Fields

Rejecting Precedent: What Cases About Abortion Rights and the Sixth Amendment Teach Us About Preserving Objections to Existing...

Carlton Fields on

As the Supreme Court has been debating judicial adherence to the doctrine of stare decisis recently, it bears remembering that litigants seeking a change in the law applicable to their case should make sure to preserve that...more

Seyfarth Shaw LLP

The Window Has Opened and Other Important CVA Developments

Seyfarth Shaw LLP on

Gov. Cuomo announced during a press conference on Friday that New York State would be extending the CVA one-year “look back window” until January 14, 2021 due to the COVID-19 pandemic. ...more

Seyfarth Shaw LLP

CA Judicial Council Adopts Rules Concerning Statute of Limitations, Evictions and Judicial Foreclosures, and Remote Accessibility...

Seyfarth Shaw LLP on

Civil litigators and Superior Courts in California were given some temporary relief from uncertainty this week when the state’s Judicial Council adopted rules to address the COVID-19 pandemic shut downs, including extending...more

Bricker Graydon LLP

Ohio’s Emergency COVID-19 Response Bill (H.B. 197) and the Ohio Supreme Court order the tolling of statutes of limitations and...

Bricker Graydon LLP on

Updated on March 30, 2020 - H.B. 197, which was approved by the Ohio House and Senate on March 25, 2020, and signed by Governor DeWine on March 27, 2020, enacts a number of emergency measures for Ohioans coping with the...more

Roetzel & Andress

New Ohio Law Tolls Statutes Of Limitations and Deadlines In Civil Lawsuits Due To COVID-19

Roetzel & Andress on

On Wednesday, March 25, 2020, the Ohio House and Senate passed House Bill 197.1 The emergency COVID-19 legislation, which was signed into law by Governor DeWine, will have an immediate impact on active and impending...more

Robins Kaplan LLP

How Policy Makers Can Support the Public’s Access to Justice During COVID-19 – Toll the Deadlines to File New Claims

Robins Kaplan LLP on

In the wake of the COVID-19 pandemic, courts across the country are developing protocols to prioritize emergency applications and to allow operations to continue to the fullest extent possible. To manage this crisis, courts...more

Pullman & Comley, LLC

Governor Lamont Suspends Statutes of Limitations in Connecticut in Executive Order 7G

Pullman & Comley, LLC on

In Executive Order 7G, Connecticut Governor Ned Lamont took the unprecedented step of suspending most of the state’s statutes of limitations, effective March 19, 2020, thereby holding in abeyance the deadlines by which most...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Products Liability Series: What is the Statute of Limitations on a Products Claim Under Arkansas Law?

For a products liability claim in Arkansas, the general rule is that a lawsuit shall be commenced within three years after the date on which the death, injury, or damage complained of occurs. Ark. Code Ann. § 16-116-203. In...more

Farrell Fritz, P.C.

Affirmatively Plead Your Defenses, or Risk “Waiving” Them Goodbye

Farrell Fritz, P.C. on

Many litigants are familiar with the well-settled rule that an affirmative defense will be waived if it is not included in a CPLR 3211(a) motion to dismiss or in the answer (see CPLR 3211[e]).   And so, lawyers tasked with...more

American Conference Institute (ACI)

[Event] ERISA Litigation – Valuable insights on how to prevent, manage and defend against rising, costly ERISA disputes - November...

Ensure that You are Equipped with the Latest Updates and Strategies to Prevent, Manage and Defend Against Rising, Costly ERISA Disputes - This annual event is your best opportunity to gain best practices for your everyday...more

Ballard Spahr LLP

DOJ files amicus brief with SCOTUS in FDCPA statute of limitations case

Ballard Spahr LLP on

The DOJ has filed an amicus brief in support of the defendant debt collector in Rotkiske v. Klemm, the case before the U.S. Supreme Court that hopefully will resolve a circuit court split over whether the FDCPA one-year...more

Skadden, Arps, Slate, Meagher & Flom LLP

Anonymous Online Speech: Considerations for Victims and Speakers

In today’s world — where social media has become a source of news for many — companies and individuals often find themselves the subject of negative and anonymous online comments. These comments can give rise to legal claims...more

Carlton Fields

Using Post-Trial Motions To Argue Error For The First Time

Carlton Fields on

Among the many benefits of utilizing appellate counsel at trial is that appellate counsel can assist in timely raising possible errors, and if error is not asserted when it occurs, then appellate counsel may be able to raise...more

Farrell Fritz, P.C.

Too Little Too Late: An Example of the Failure of CPLR 306(b)’s Safety Net

Farrell Fritz, P.C. on

A commercial division litigator knows the severity of missing a statutory deadline. We discuss the implications of missing a statutory deadlines here. CPLR 306(b) is unique in that it provides a statutory deadline for service...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

PTAB Strategies and Insights - September 2018: Best Strategies for ITC Respondents When Considering a PTAB Action

When faced with allegations of patent infringement at the International Trade Commission (ITC), a respondent must quickly evaluate whether or not to request an AIA review (hereinafter, inter partes review for convenience) at...more

Bradley Arant Boult Cummings LLP

Defendants Beware: The Good, Bad and Unknown in the Mississippi Supreme Court’s New Standard for Determining Waiver of Affirmative...

On December 7, 2017, the Mississippi Supreme Court affirmed a circuit court ruling that a plaintiff’s survival claims were barred by the statute-of-limitations. In Pollan v. Wartak, the Court rejected the plaintiff’s claim...more

Ballard Spahr LLP

Seventh Circuit: Class Action Limitations Tolling Stops Upon Dismissal, Regardless of Appeal

Ballard Spahr LLP on

Addressing the often confusing issue of when class action tolling ends, in Collins v. Village of Palatine, the U.S. Court of Appeals for the Seventh Circuit announced the adoption of a simple and uniform rule: The...more

Fisher Phillips

Web Exclusive: EEOC Trial Tactics Lead To Massive Sanctions Award

Fisher Phillips on

After more than ten years of protracted litigation brought by the Equal Employment Opportunity Commission (EEOC), including a stop at the U.S. Supreme Court, an Iowa federal district court recently upheld an award of nearly...more

30 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide