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Statute of Limitations › Continuing Wrongs

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 -
Farrell Fritz, P.C.

“Single Breach” vs. “Continuing Wrong”; the Continuing Wrong Doctrine Prevails, Saving Plaintiff’s Claim from Dismissal

Farrell Fritz, P.C. on

A cause of action accrues, triggering the commencement of the statute of limitations period, when “all of the factual circumstances necessary to establish a right of action have occurred, so that the plaintiff would be...more

Proskauer - Minding Your Business

The Eighth Circuit Reignites Claims of Continuing Conduct in Propane Tank Conspiracy

Proskauer - Minding Your Business on

A split Eighth Circuit recently reversed a prior panel ruling and reignited antitrust claims against distributors of pre-filled propane tanks. The 5-4 majority cited the 1997 Supreme Court decision Klehr v. A.O. Smith Corp....more

Proskauer - Minding Your Business

The Eighth Circuit Extinguishes Claims of Continuing Conduct in Propane Tank Conspiracy

Proskauer - Minding Your Business on

Before plaintiffs could light the pilot on antitrust claims against two propane tank distributors, a split Eighth Circuit panel cut the gas. In doing so, the majority espoused a narrow view of the applicability of the...more

Sheppard Mullin Richter & Hampton LLP

California Supreme Court Resolves Split Over Accrual Rules for Unfair Competition Claims

Sheppard Mullin Richter & Hampton LLP on

The California Supreme Court has offered hope to plaintiffs facing statute of limitations problems under California’s Unfair Competition Law, holding that special rules for calculating accrual dates for so-called “continuing...more

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