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Statute of Limitations Common Law Claims

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 -
Fox Rothschild LLP

Dueling Statutes Of Limitations

Fox Rothschild LLP on

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

McDermott Will & Emery

Claims for Continued Trade Secret Misappropriation Allowed when Statute Permits Separate Accrual

McDermott Will & Emery on

The US Court of Appeals for the Third Circuit reversed in part and affirmed in part a district court’s decision that a trademark owner’s infringement claims were time-barred, finding that Pennsylvania applies a separate...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides McDonough v. Smith

On June 20, 2019, the United States Supreme Court decided McDonough v. Smith, No. 18-485, holding that the statute of limitations for a fabricated-evidence claim under 42 U.S.C. §1983 begins to run when the criminal...more

Bass, Berry & Sims PLC

Chris Lazarini Examines Accrual of Indemnitor Liability

Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini examined a case in which a mortgage company sued a bank under the indemnity clause of the parties loan purchase agreement. The bank sought dismissal on statute of limitations...more

Dorsey & Whitney LLP

Dead Statutory Claims May Rise Again as Wrongful Discharge Claims, Washington Supreme Court Rules

Dorsey & Whitney LLP on

Your former employee claims he was fired for blowing the whistle on alleged illegal activity. Your lawyers inform you that the deadline for filing a claim under the applicable whistleblower statutes has passed. You breathe a...more

Eversheds Sutherland (US) LLP

Supreme Court Instructs Ninth Circuit to Consider Common Law of Trusts in Applying ERISA's Statute of Limitations

The Supreme Court has once again emphasized the importance of ERISA’s origins in the common law of trusts, this time in interpreting its statute of limitations. On May 18, the Court reversed the Ninth Circuit’s decision in...more

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