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Statute of Limitations › Choice-of-Law

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

10 Takeaways as New Jersey Set to Drastically Limit Non-Competes and Other Restrictive Covenants

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The New Jersey legislature is currently considering legislation that would add the state to the growing list of jurisdictions that have significantly limited the scope and enforceability of non-competition agreements and...more

Adler Pollock & Sheehan P.C.

A Recent Rhode Island Supreme Court Decision Provides Important Guidance on Choice-of-Law Provisions in Commercial Contracts

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Commercial contract provisions dictating choice-of-law, the applicable statute of limitations, and forum selection are important yet often overlooked portions of agreements.  A recent Rhode Island Supreme Court decision...more

Faegre Drinker Biddle & Reath LLP

New York Federal Court Concludes That Choice-of-Law Clause Does Not Control Application of the Statute of Limitations

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A New York federal court ruled that a pooling and servicing agreement (PSA) and mortgage loan purchase agreement (MLPA) that select New York as their governing law may not require application of New York’s statute of...more

Morrison & Foerster LLP - Left Coast Appeals

This Week At the Ninth: Surgical Robots and Scienter

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This week, we take a look at one decision considering when California law requires application of California’s statute of limitations, and another reiterating the strict standard for pleading scienter in a securities fraud...more

Morgan Lewis - ML Benefits

Legal Support for Protesting Employees: ERISA Considerations

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Amid the current climate of individuals engaging in protests for racial justice and other causes, some employers are looking for ways to help employees arrested in connection with exercising their first amendment rights to...more

Proskauer - Minding Your Business

First Circuit Holds Japan is an Adequate Alternative Forum

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On April 24, 2020, the First Circuit affirmed the District of Massachusetts’ dismissal of a case against General Electric on forum non conveniens grounds. In 2011, an earthquake-induced tsunami struck the Fukushima Daiichi...more

Ballard Spahr LLP

Maryland federal district court rules choice of law provision applies to effect of partial payment on statute of limitations...

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A Maryland federal district court, in Jennings v. Dynamic Recovery Solutions LLC, ruled that the effect of a partial payment on revival of the statute of limitations was governed by the law of Delaware, the state designated...more

Lewitt Hackman

Franchisee 101: A Franchisor Without Urgency

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A federal court in Alabama denied an urgent care franchisee’s motion to dismiss a suit brought by its franchisor. The franchisee argued the franchise agreement required suits to be brought within a one-year period. But the...more

Lathrop GPM

The Franchise Memorandum - Issue 249

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Welcome to The Franchise Memorandum by Lathrop GPM, formerly known as The GPMemorandum. Since December 1997, The GPMemorandum has been presenting summaries of recent legal developments of interest to franchisors and companies...more

Carlton Fields

Connecticut Supreme Court to Consider Whether Parties Can Use FAA to Extend Time to Vacate Arbitration Award

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The Connecticut Supreme Court will consider whether the parties to an arbitration agreement can circumvent Connecticut’s 30-day statutory deadline for filing an application to vacate an arbitration award by including in the...more

Carlton Fields

Class Certification Denied in Universal Life “Risk Rates” Litigation

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Individualized defenses and choice-of-law issues played a key role in preventing class certification in a recent challenge to a life insurer’s discretion to adjust its “risk rates” on universal life (UL) insurance policies....more

White and Williams LLP

Delaware Supreme Court Rules Insured’s Claim Too Late, Reverses Bad Faith Judgment

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In Homeland Insurance Company of New York v. CorVel Corporation, the Delaware Supreme Court addressed whether a bad faith claim accrues under the Louisiana Bad Faith Statute once the insured could plead damages or not until a...more

Womble Bond Dickinson

M&A Indemnification Provisions: Are You Drafting Unenforceable Time Limits?

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In an M&A transaction, the convention is for the seller to make representations and warranties to the buyer regarding the target business. When the target business is a private company, the acquisition agreement typically...more

Snell & Wilmer

Conflicts of Laws, Deficiency Actions, and Statutes of Limitations – Oh My!

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What law governs a deficiency action if the choice-of-law provisions in the note and deed of trust conflict? The Arizona Court of Appeals answered that very question in ZB, N.A. v. Hoeller, No. 1 CA-CV 16-0071 (Ct. App. April...more

BCLP

Facebook Successfully Dismisses Putative Class Action Alleging Violation of New Jersey’s TCCWNA Based on Choice-of-Law Clause in...

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In Palomino v. Facebook, Inc., No. 16-cv-04329-HSG, 2017 WL 76901 (N.D. Cal. Jan. 9, 2017), two putative class representatives brought a claim on behalf of all “similarly situated New Jersey residents who created a Facebook...more

K&L Gates LLP

An Easier Path: McCarrell v. Hoffman-La Roche Paves the Way to Bring Tort Claims in New Jersey Barred by Other States’ Statutes of...

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In McCarrell v. Hoffman-La Roche, Inc., 2017 WL 344449 (Jan. 24, 2017), the New Jersey Supreme Court replaced the State’s “governmental-interest” standard to resolve choice-of-law questions regarding statutes of limitations...more

Goodwin

New Jersey Supreme Court Adopts the Substantial-Interest Test for Statute of Limitations Choice of Law

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On January 24, the New Jersey Supreme Court adopted the substantial-interest test to determine choice-of-law questions in the application of statutes of limitations. New Jersey’s statute of limitations applies if (1) New...more

Winstead PC

Contractual Clauses That Impact Disputes

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In the process of drafting contracts, parties can shape the process for resolving their future disputes. They can potentially select the forum for dispute resolution, the body that will resolve the disputes, the law that will...more

PilieroMazza PLLC

PilieroMazza Legal Advisor - Fourth Quarter 2015

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More Small Business Subcontracting Plan Changes: SBA Proposes to Allow Subcontracting Plan Credit for Small Business Subcontractors at any Tier - Following recent proposed changes to the FAR’s small business...more

Proskauer - California Employment Law

California Employment Law Notes - July 2015

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Employee's Inability To Work For A Particular Supervisor Does Not Constitute A "Disability" - Higgins-Williams v. Sutter Med. Found., 237 Cal. App. 4th 78 (2015) - Michaelin Higgins-Williams worked as a clinical...more

Bracewell LLP

Too Late, Even If Not Too Little: Joining a National Trend, New Jersey Puts the Brakes on Driver’s Claims as Untimely based on...

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When does two years become six months? When a signed employment application says it does.1 Last month, New Jersey recognized the express lane permitting employers and employees to set their own limitations periods,...more

BakerHostetler

Choice of Law/Statute of Limitations Thwarts Class

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Differences among putative class members are frequently the heart of the employer’s defense to a class action lawsuit. Such differences implicate the elements of commonality and typicality and possibly even adequacy of...more

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