News & Analysis as of September 18, 2024

Preemption

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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 -

Real Property, Financial Services, & Title Insurance Update: Week Ending January 31, 2020

Carlton Fields on 2/14/2020

Real Property Update - HOA / Contracts: Trial court erred by entering a post-judgment enforcement order requiring the association to assign its riparian rights to plaintiff pursuant to an enforceable settlement agreement,...more

“No more arbitration for you!”: The California #MeToo Affect Continues

Lewitt Hackman on 10/16/2019

California Governor Gavin Newsom signed groundbreaking legislation largely impacting mandatory arbitration agreements (Assembly Bill 51) and extending the deadline to file a harassment complaint from one to three years...more

Ninth Circuit Champions FAA Preemption Over Georgia Decision

Ballard Spahr LLP on 10/1/2018

While the U.S. Court of Appeals for the Ninth Circuit has often found that state limitations on arbitration agreements are not in conflict with the Federal Arbitration Act (FAA), a recent ruling there confirms that...more

State Statute Of Limitations For Recognition Of Foreign Judgments Held Not Preempted By FAA

Carlton Fields on 1/4/2016

National Aluminum Co., Ltd. (“NALCO”) prevailed in arbitration held in India against Peak Chemical Corp. in 2005. Ultimately, the award was affirmed on appeal by an Indian court in February 2012. When earlier this year, NALCO...more

Dodd-Frank News: April 2015: Dodd-Frank Wall Street Reform and Consumer Protection Act Update

Burr & Forman on 4/22/2015

The Dodd-Frank Wall Street Reform and Consumer Protection Act was enacted as a measure to promote financial stability and protection for consumers through increased regulation of nearly every aspect of the consumer finance...more

"Business Cases in the US Supreme Court"

Skadden, Arps, Slate, Meagher & Flom LLP on 7/15/2013

The U.S. Supreme Court recently closed its 2012 term with its usual headline-grabbing flurry of June decisions. Several of those decisions, as well as many more that received less publicity, will affect business interests. In...more

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