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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 -

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

Ohio Bankruptcy Court Strikes Down Mortgage, Imposes Six-Year Statute of Limitations

Much has been said recently in Ohio law concerning the enforcement of notes and foreclosures on mortgages. In summary, the plaintiff must be the holder of the note and mortgage with the right of enforcement of both...more

Debtors Lose? Third Circuit Rejects “Discovery Rule,” Restricts Period to Assert Federal Debt Collection Actions in Break With...

by Davis Wright Tremaine LLP on

In an en banc decision issued last Tuesday, the Third Circuit held that civil actions alleging violations of the Fair Debt Collection Practices Act (FDCPA) must be filed within one year from the date of the violation’s...more

The Third Circuit holds that the discovery rule does not apply to the FDCPA’s one-year statute of limitations, but that the...

In a precedential decision diverging from holdings in the Fourth and Ninth Circuits, the United States Court of Appeals for the Third Circuit, sitting en banc, held that the one-year statute of limitations in the FDCPA runs...more

Bridging the Weeks - May 2018 #3

The Securities and Exchange Commission and the Financial Industry Regulatory Authority collectively fined a broker-dealer over US $6.1 million for not having an anti-money laundering program reasonably designed to detect and...more

Third Circuit Disagrees with Fourth and Ninth Circuit, Rules that Limitations Period for FDCPA Claims Starts on Occurrence

by Hinshaw & Culbertson LLP on

In Rotkiske v. Klemm, the Third Circuit ruled that the statute of limitations for a Fair Debt Collection Practices Act (FDCPA) claim begins to toll on the date of the alleged violation, not when the plaintiff discovers the...more

Third Circuit Holds Discovery Rule Inapplicable to FDCPA SOL

The Third Circuit ruled that the “discovery rule” does not apply to toll the one-year statute of limitations bar for claims under the Fair Debt Collection Practices Act (FDCPA). The ruling creates a stark circuit split as the...more

Eleventh Circuit Deepens Circuit Split on False Claims Act Limitations Period, Possibly Setting Stage for SCOTUS Decision

A recent decision from the Eleventh Circuit underscores the importance of keeping accurate records of disclosures to the federal government regarding potential non-compliance with regulations and contract requirements by...more

Third Circuit: FDCPA Statute of Limitations Runs From Occurrence, Not Discovery, of Alleged Violation

by Ballard Spahr LLP on

The one-year statute of limitations (SOL) for Fair Debt Collection Practices Act (FDCPA) claims begins to run when the alleged violation occurs and not when it is discovered, the U.S. Court of Appeals for the Third Circuit...more

Materially and Substantively Modifying Online Articles Restarts the Clock in NJ Defamation Claims

by Pepper Hamilton LLP on

The New Jersey Supreme Court recently held, in Petro-Lubricant Testing Laboratories, Inc. v. Adelman, that New Jersey’s one-year statute of limitations for defamation claims restarts if an online article’s author materially...more

Creating a Circuit Split Regarding the Fair Debt Collection Practices Act: Rotkiske v. Klemm, — F.3d —, 2018 WL 2209120 (3d Cir....

by Tucker Arensberg, P.C. on

The United States Court of Appeals for the Third Circuit issued its opinion in Rotkiske v. Klemm, a unanimous, en banc decision yesterday that creates a clear split with the Fourth and Ninth Circuits. The Third Circuit ruled...more

Is It “Time’s Up” For Arbitrating Employment Matters In New York?

by Dechert LLP on

In the wake of a strong public reaction to the “Time’s Up” and “#MeToo” movements, states across the country are enacting legislation aimed at expanding and bolstering sexual harassment and discrimination protections in the...more

NYC Adopts Sweeping New Sexual Harassment Laws

by Fisher Phillips on

On the heels of the #MeToo and #TimesUp movements, Mayor Bill de Blasio signed a slate of legislation last week aimed at preventing sexual harassment in the workplace. Entitled the “Stop Sexual Harassment in NYC Act,” the...more

NYC Joins the #MeToo Movement with Sweeping Anti-Sexual Harassment Legislation

by Hodgson Russ LLP on

On May 9, 2018, New York City Mayor DeBlasio signed the Stop Sexual Harassment in NYC Act (the “Act”), designed to combat sexual harassment in the workplace. Not to be outdone by the Governor’s budget bill, the Act imposes...more

Mental Capacity Standards in California Civil Litigation

by Downey Brand LLP on

What mental capacity standards apply in California civil litigation? Last month we presented on this subject at the Placer County Bar Association’s annual spring conference in Roseville. I’ll offer highlights here. Short...more

Of Pipes and Crowns: The Supreme Court Considers Extent of Tolling of Statute of Limitations in Putative Class Actions

by K&L Gates LLP on

The U.S. Supreme Court recently heard argument in China Agritech Inc. v. Resh, presenting, yet again, the question of the extent to which a statute of limitations is tolled while a putative class action is pending....more

Proposed Law Allows for Data Breach Lawsuits Without Proof of Injury

by Fisher Phillips on

SB 1121, which is making its way through the California Legislature, would allow businesses to be sued for data breaches even when no one was actually injured. This includes being sued for failing to implement and maintain...more

No limitation period in breach of duty claim against director

by Hogan Lovells on

A recent UK Supreme Court decision establishes that where a director unlawfully transfers property to a company he controls, a subsequent breach of duty claim will not be subject to a limitation period....more

Mayor de Blasio Signs Stop Sexual Harassment in NYC Act Into Law

On May 9, 2018, New York City Mayor Bill de Blasio signed into law the Stop Sexual Harassment in NYC Act (the “Act”), which, as we previously reported, is a package of bills aimed at addressing and preventing sexual...more

Mayor de Blasio Signs ‘Stop Sexual Harassment in NYC Act

On May 9, 2018, Mayor Bill de Blasio signed the Stop Sexual Harassment in NYC Act—11 bills that address sexual harassment in the workplace. The Act expands sexual harassment protections under the New York City Human Rights...more

Update: Mayor Bill de Blasio Signs into Law the Stop Sexual Harassment in NYC Act

On Wednesday, May 9, 2018, Mayor Bill de Blasio signed into law the Stop Sexual Harassment in NYC Act (the “Act”), which we summarized in a previous post. In pertinent part, the Act provides as follows...more

UPDATED: New Laws in New York State & City on Workplace Sexual Harassment

by Genova Burns LLC on

Governor Andrew Cuomo recently signed several new laws imposing requirements on employers in New York State regarding sexual harassment. New York City employers will be subject to additional requirements, as Mayor Bill de...more

New York City Enacts Expansive Sexual Harassment Prevention Laws

by Akerman LLP on

On the heels of New York State passing sweeping anti-sexual harassment protections, New York City Mayor Bill de Blasio signed legislation on May 9, 2018, making the City the latest jurisdiction to respond to the #MeToo...more

New York Court Applies the HEAR Act, Orders Return of Nazi-Looted Art

by Wilson Elser on

The decision in Reif v. Nagy, Sup. Ct. N.Y. City, April 5, 2018, has wide-ranging implications for litigation relating to art that was lost or stolen in the Holocaust. Justice Ramos of the Commercial Division of the Supreme...more

1st Circuit Addresses Statute of Limitations in Connection with Mistaken Property Description on Mortgage

by Weiner Brodsky Kider PC on

The First Circuit recently held that a trustee’s action to recover damages against a closing agent and title insurer on behalf of the trust due to their alleged negligence in misidentifying a parcel of land secured by a...more

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Cybersecurity

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