News & Analysis as of

Statute of Limitations

Statute of Limitations refers to a statute that sets the time period during which a legal claim can be brought. Most statute of limitations laws require individuals to sue at some point during a set period... more +
Statute of Limitations refers to a statute that sets the time period during which a legal claim can be brought. Most statute of limitations laws require individuals to sue at some point during a set period usually commencing from the date of the wrong or injury or the discovery of the wrong or injury. Except for under a limited set of circumstances, if an individual does not file a suit within the specified time period, the law bars them from ever suing on that claim. less -
Fisher Phillips

New Florida Law Offers Clarity in Workplace Discrimination Filings: What Employers Need to Know

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Florida just cleared up a longstanding question for employers facing state-law workplace discrimination claims. Employers and employees alike now have a clearer, more predictable deadline for when such claims can go to court....more

DLA Piper

No Time Limit on Carrying Forward Negative VAT Balances

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Romania’s High Court of Cassation and Justice has published on its website a summary of Decision No. 6 of 20 April 2026, issued with a view to ensuring a uniform interpretation of the law by Romanian courts going forward....more

Troutman Pepper Locke

Virginia’s New Uniform Consumer Debt Default Judgments Act: What Creditors Need to Know About HB 444

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On April 8, Virginia Governor Abigail Spanberger signed HB 444, the Uniform Consumer Debt Default Judgments Act, into law. The Act establishes pleading and notice requirements in certain consumer debt collection actions that...more

Cole Schotz

Debts after Death: What New Jersey Executors and Administrators Should Know About Creditor Claims

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The administration and distribution of an estate does not necessarily bring creditor issues to an end. New Jersey law establishes a detailed framework governing creditor claims against estates, and fiduciaries and...more

McDermott Will & Schulte

Tick tock: Related trade secrets have single accrual date under DTSA statute of limitations

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The US Court of Appeals for the Federal Circuit reversed a judgment awarding damages and a permanent injunction, finding that the plaintiff’s trade secret misappropriation claims were barred by the statute of limitations...more

McDermott Will & Schulte

Funked out: Sixth Circuit finds copyright ownership claim accrues upon plain and express repudiation

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Addressing when a copyright ownership claim accrues under the Copyright Act, the US Court of Appeals for the Sixth Circuit reversed a summary judgment grant, finding that genuine disputes of material fact remained as to...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New Jersey Court Revives Whistleblower Claims Based on Continuing Violations

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A New Jersey appellate court reversed a trial court’s dismissal of whistleblower retaliation claims under the Conscientious Employee Protection Act (CEPA), holding that the plaintiff’s retaliatory termination and hostile work...more

Perkins Coie

The Lights Are On: Plaintiffs’ CEQA Challenge Against Bay Bridge Light Art Installation Barred by the Doctrine of Issue Preclusion

Perkins Coie on

In Baker v. Bay Area Toll Authority, No. A174642 (1st Dist, June 5, 2026), the court affirmed the dismissal of a CEQA challenge against the Bay Area Toll Authority’s approval of the Bay Lights 360 project, an LED light art...more

ALTO Litigation

May Trade Secrets Litigation Brief: Fed. Circuit Reversal on Damages, Insulin Pump Verdict Thrown Out, Disney's Fee Award, and...

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The U.S. Court of Appeals for the Federal Circuit held that trade secret plaintiffs may seek unjust enrichment damages measured by a defendant's gains from misappropriated technology and ordered a new trial on trade secret...more

Smith Anderson

Missed Payments, Lost Claims: What a New N.C. Case Means for Long-Term Contracts

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Construction contracts often contemplate periodic payments over several years. If a dispute arises years later, the statute of limitations may bar any claims for recovery. ...more

Bricker Graydon Wyatt LLP

Kwong v. United States: A Pandemic Tax Plot Twist (and Why You Should Care Now)

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A November 2025 court decision just dropped a potential refund bombshell—and if you haven’t looked at your tax files lately, now’s the time. In Kwong v. United States, a federal court said the IRS tax deadlines weren’t just...more

Montgomery McCracken

Third Circuit Affirms COGSA’s One-Year Time Bar Applies to Fraud Claims and Joins Majority in Limiting Deviation Doctrine

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On May 28, 2026, the United States Court of Appeals for the Third Circuit held that the Carriage of Goods by Sea Act’s one-year limitation period barred a shipper’s fraud claim against a carrier. In SLT Imports Inc v. SAR...more

Steven M. Sweat, Personal Injury Lawyers, APC

Proving a Traumatic Brain Injury in California: The Medical Evidence and Legal Standards That Decide TBI Claims

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Traumatic brain injury (TBI) claims occupy an unusual position in California personal injury law. They are among the highest-value cases a claimant can bring — and among the most aggressively contested....more

Miller Starr Regalia

Preclusion Confusion?  First District Holds Plaintiff’s Second CEQA Challenge to Bay Lights 360 Project Time-Barred Due to...

Miller Starr Regalia on

In a partially published opinion filed June 5, 2026, the First District Court of Appeal (Div. 1) affirmed a judgment entered after Defendant and Respondent Bay Area Toll Authority’s (BATA) demurrer brought on statute of...more

Searcy Denney Scarola Barnhart & Shipley

Filing a Claim for a Fatal Auto Accident: What Spouses, Parents & Other Family Members Need to Know

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If your family is coping with a fatal auto accident, finding out if your family has a claim will be an important step in the process of trying to move on....more

Charles E. Rounds, Jr. - Suffolk University...

When a trust beneficiary is time-barred from holding the trustee liable for a breach of trust

Charles E. Rounds, Jr. - Suffolk University... on

Equity not the law is the jurisprudential context. Assume trustee without authority self-deals with trust estate. Absent an applicable statute of limitations, laches doctrine governs whether the dilatory beneficiary is...more

A&O Shearman

Southern District Of New York Dismisses Securities Claims Against Cryptocurrency Exchange And Compels Remaining Claims To...

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On May 7, 2026, Judge Jed S. Rakoff of the United States District Court for the Southern District of New York dismissed federal securities claims against a large cryptocurrency exchange (the “Company”) and its CEO...more

Sheppard, Mullin, Richter & Hampton LLP

California’s Equal Pay Act: A Decade of Changes Make it Easy for Plaintiffs to Sue

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The 2026 changes to the Equal Pay Act double available damages and expand the scope of compensation at issue in such a claim, as detailed in our prior update. Now that employers are no longer busy with annual evaluations,...more

White & Case LLP

Federal Circuit applies unforgiving standard for accrual of statute of limitations on DTSA claims

White & Case LLP on

On May 28, 2026, the US Court of Appeals for the Federal Circuit overturned a $59 million damages award for trade secret misappropriation under the Defend Trade Secrets Act (“DTSA”) on statute of limitations grounds....more

Searcy Denney Scarola Barnhart & Shipley

10 Facts Most People Don’t Know About Filing a Personal Injury Claim in Florida

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If you have been seriously injured in an accident, filing a personal injury claim could be critical for your recovery and your financial stability. Traumatic injuries can impact victims’ lives in many ways, and recovering can...more

Best Best & Krieger LLP

Court of Appeal Strengthens Protections for Water and Wastewater Rates

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On June 2, 2026, the California Court of Appeal certified for publication its opinion in Hiller v. Marin Municipal Water District. This decision reinforces the powerful preclusive effect of California's Validation Statutes,...more

White and Williams LLP

What’s the Rush? When Repairs Are Not “Improvements” in Minnesota

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In Haire-Cochran v. 24 Restore, Inc., No. A25-1206, 2026 Minn. App. LEXIS 153, the Court of Appeals of Minnesota (Court of Appeals) addressed whether construction work performed after a fire loss to a property constituted an...more

Knobbe Martens

Access Plus Similarity Starts the Clock for Trade Secret Misappropriation Claims

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Insulet Corp. v. EOFlow, Co. Ltd. - Before Dyk, Prost, and Reyna. Appeal from the United States District Court for the District of Massachusetts. A trade secret misappropriation claim accrues when the plaintiff knew or should...more

Lewitt Hackman

What Franchisors Need to Know About the Maryland Franchise Reform Act

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In 2026, various states reformed franchise laws to significantly impact the franchisor-franchisee relationship. Recently, Maryland lawmakers approved legislation that follows this trend. On May 12, Gov. Wes Moore signed...more

Freeman Law

The 280E Refund Window Is Open and the Clock Is Already Running on Your Money

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For over forty years, Section 280E of the Internal Revenue Code imposed a unique challenge on cannabis operators, unlike any other legal business: it taxed them on income they never actually retained....more

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