News & Analysis as of April 30, 2025

Statute of Limitations › Appellate Courts

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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 -

PAGA Update: Cal. Court of Appeal Confirms PAGA Plaintiffs Must Have a Timely Individual PAGA Claim

CDF Labor Law LLP on 4/25/2025

In a decision with important implications for many pending Private Attorneys General Act (PAGA) lawsuits, a California Court of Appeal upheld the dismissal of a representative PAGA action as untimely because the plaintiff did...more

New York Court of Appeals Holds That Child Victims Act Claims Brought Against the State of New York Must Meet Statutory...

Epstein Becker & Green on 4/24/2025

In a unanimous ruling, the New York Court of Appeals held that the New York State Legislature did not alter the substantive pleading requirements of Section 11(b) of the Court of Claims Act (the “Act”) for claims brought...more

Ohio Ruling Highlights Timing Importance for Naming Defendants in Injury Claims

Kohrman Jackson & Krantz LLP on 4/9/2025

An recent Ohio appellate court decision reinforces a critical point for plaintiffs and a crucial defense strategy for defendants: if you don’t properly and timely name individual employees/agents in a lawsuit, you may lose...more

Premature or Untimely? Both at the Same Time? When to Sue as a General Partner

Farrell Fritz, P.C. on 4/7/2025

Under ancient (some would argue vestigial) common-law rules of general partnerships, partners can find themselves stuck between a rock and a hard place deciding when to pull the trigger on a lawsuit....more

Portions of New York’s FAPA Survive Constitutional Challenges

Goodwin on 2/24/2025

Over the last four months, New York’s Appellate Division has finally begun to address constitutional challenges to the state’s Foreclosure Abuse Prevention Act (FAPA), an act that became effective in December 2022 and...more

Sixth District Holds CEQA 30-Day Statute of Limitations Triggered by Local Agency’s Definition of “Final” Approval

Downey Brand LLP on 1/15/2025

In Center for Biological Diversity v. County of San Benito (2024) 104 Cal.App.5th 22, the Court of Appeal held that the statute of limitations for two CEQA challenges did not begin to run until the Board of Supervisors had...more

Reviewing 2024 Pennsylvania Legal Malpractice Decisions

Clark Hill PLC on 1/9/2025

As the calendar turns to 2025, a look back at the Pennsylvania appellate dockets shows a number of impactful legal malpractice decisions, including one that was recently reargued en banc with significant ramifications for law...more

Litigation Byte (December Edition)

McGlinchey Stafford on 1/3/2025

Delivered in digestible, insightful bites, McGlinchey’s Litigation Byte is a monthly roundup of financial services decisions and cases nationwide that impact your business....more

The Appellate Division, Second Department, Holds that Banking Law 6-l is a Personal Defense that Can Only be asserted by the...

Freiberger Haber LLP on 11/4/2024

By: Jonathan H. Freiberger As readers of this BLOG know, we frequently write about issues relating to mortgage foreclosure. We have also written numerous articles relating to the recently enacted FAPA... ...more

Classified Monthly: A Roundup of Class Action Decisions From Federal Appellate Courts June 2024

Carlton Fields on 8/8/2024

The Roundup covers notable class action decisions each month from federal appellate courts, as well as notable Supreme Court class action cert petitions....more

Scrivener’s Error in Guaranty Reformed Outside of Statute of Limitations and Held Enforceable

Morrison & Foerster LLP on 3/29/2024

In an appeal heard by the Appellate Division of the Supreme Court in the First Judicial Department of New York, the Court recently ruled that a court may reform a guaranty after the statute of limitations for a reformation of...more

Privacy In Focus: BIPA’s Current Landscape and the Crucial Role of Statutory Exemptions

Seyfarth Shaw LLP on 2/12/2024

Throughout much of 2023, businesses found themselves in a challenging position as they continued to grapple with defending against Illinois Biometric Information Privacy (BIPA) class action lawsuits. The year began on a...more

Ohio Supreme Court Resolves Split in Ohio Appellate Courts: Four-Year Statute of Repose for Medical Claims Applies to...

Steptoe & Johnson PLLC on 1/23/2024

If a person is injured by medical negligence, the injured person may have a medical malpractice claim and, if the person dies, the person’s family may have a wrongful-death claim. Over time, the Ohio General Assembly passed a...more

Eleventh Circuit Court Of Appeals Decision Examines What Is Needed To Preserve An Argument For Appeal - (TRANSCRIPT)

Balch & Bingham LLP on 12/13/2023

In this episode of Decision Dive, Balch’s Jason Tompkins, Chair of Balch & Bingham’s Issues & Appeals Practice, is joined by Robert Baxley, attorney in the firm’s Litigation Practice, to explore the Eleventh Circuit’s new...more

Government Investigations Team Insights - September 2023

Arnall Golden Gregory LLP on 10/3/2023

AGG’s Government Investigations Team Insights provides periodic updates covering legal and regulatory topics. Our team, which includes former federal prosecutors, SEC enforcement attorneys, and federal agency attorneys, has...more

Meaningful Statute of Limitations for Unclaimed Property Audits and Enforcement Actions? Michigan Court of Appeals Says Yes!

McDermott Will & Emery on 3/13/2023

On January 19, 2023, the Michigan Court of Appeals affirmed two 2022 trial court orders, holding that initiating an unclaimed property audit does not toll (or freeze) the running of the statute of limitations (time-bar) for...more

Clearing the Decks While Decking the Halls

Fox Rothschild LLP on 12/29/2022

If there’s one thing readers of this blog can count on, it is that every even-numbered year ends with a gush of opinions from both appellate courts as the judges and justices strive to finish the year’s work before new...more

California Court of Appeal Confirms that Shorter 90-Day Statute of Limitations Applies in Political Reform Act Claims Affecting...

Allen Matkins on 12/20/2022

California’s Second District Court of Appeal recently affirmed that a shorter 90-day statute of limitations, and not a longer three- or four- year statute of limitations, applies to Political Reform Act (PRA) claims that...more

Dueling Statutes Of Limitations

Fox Rothschild LLP on 7/28/2022

A statute of limitations can end a case before it begins. But which limitations period applies? In its recent opinion in Woody v. Accuquest Hearing Center, LLC, COA21-563 (2022), the North Carolina Court of Appeals tackled...more

When does a plaintiff have a right to a jury trial under the CSPA? - McGlinchey Commercial Law Bulletin

McGlinchey Stafford on 5/18/2022

Fraudulent Transfer Act Allan v. Allan, 8th Dist. Cuyahoga Nos. 110177, 110179, 2022-Ohio-1488- In this appeal, the Eighth Appellate District reversed the trial court’s decision under the Fraudulent Transfer Act case to...more

Another Smorgasbord Of Opinions From The Court Of Appeals

Fox Rothschild LLP on 5/12/2022

On May 3, 2022, the North Carolina Court of Appeals issued a large batch of opinions. By my count, twenty-two were published and thirty were unpublished. While history may prove me wrong, none of the published opinions...more

The Panel of Theseus

Fox Rothschild LLP on 10/25/2021

Generally, you can ask a judge to change her mind, but you can’t ask her to change a different judge’s mind. For example, at the trial-court level, a judge can revise her own interlocutory order under Rule 54(b), but one...more

Illinois Appellate Court Affirms 5-Year Statute of Limitations Period for Certain BIPA Claims

Sheppard Mullin Richter & Hampton LLP on 9/21/2021

Continuing the trend of recognizing Illinois’ Biometric Information Privacy Act (“BIPA”) as a muscular privacy-protective statute, the Illinois Appellate Court for the First District has ruled that the most common statutory...more

Illinois Appellate Court Affirms Summary Judgment For Defendant in Legal Malpractice Action Based on No Duty and No Causation

Hinshaw & Culbertson - Lawyers for the... on 9/15/2021

An Illinois appellate court held that: (1) plaintiffs' motion to amend their complaint was properly denied where the six-year statute of repose (735 ILCS 5/13-214.3(c)) barred the proposed amended claims based (in part) on...more

Property Owners Allege Their Own Lawyers Helped Initiate Ruinous Downzoning, Case Dismissed Due to Statute of Limitations

Hinshaw & Culbertson - Lawyers for the... on 8/26/2021

An Illinois appellate court held that plaintiffs' legal malpractice claim, which accrued as soon as his business partners learned of their wrongfully caused injuries, was barred by the two-year statute of limitations. ...more

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Statute of Limitations › Appellate Courts

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