News & Analysis as of September 25, 2024

Statute of Limitations › Counterclaims

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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 -

Franchisee 101: Transaction Totaled

Lewitt Hackman on 12/30/2022

Franchisee Cipercen, LLC operated several Meineke Car Care Centers. By 2017, Cipercen owed $550,000 in unpaid franchise fees to Meineke and decided to sell the franchises. Cipercen believed Meineke offered to waive the unpaid...more

Never too late? The Statute of Limitations and Arbitration in Maryland

Dunlap Bennett & Ludwig PLLC on 6/9/2022

Many contracts, whether for consumer or commercial purposes contain an arbitration provision. Arbitration is a way for parties to have their dispute heard outside of the traditional judicial process. There is still an...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 By my count, twenty-two were published and thirty were unpublished.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

Court Of Federal Claims Finds CDA Anti-Fraud Provision’s Statute Of Limitations Has A Hard Stop At 6

Vinson & Elkins LLP on 5/20/2021

For federal contractors, the Contract Disputes Act (“CDA”)1 can be a double-edged sword. While the CDA allows contractors to assert contractual claims against the Government, the CDA also contains an anti-fraud provision that...more

Chancery Addresses Statutes of Limitations Issues Arising Out Employment-Related Claims

Morris James LLP on 10/12/2020

Weik, Nitsche & Dougherty, LLC, v. Pratcher, C.A. No. 2018-0803-MTZ (Del. Ch. Aug. 26, 2020) - Following an employment dispute between former employers and employees of a Delaware limited liability company, the employers...more

Real Property, Financial Services, & Title Insurance Update: Week Ending August 7, 2020

Carlton Fields on 8/20/2020

Real Property Update - Affirmative Defense / Waiver: Homeowner unable to raise statute of limitations affirmative defense for the first time in motion for summary judgment – Deer Brooke S. Homeowners Ass’n of Polk Cty.,...more

A Little Knowledge Is a Dangerous Thing: Beware the Statute of Limitations in Trade Secrets Misappropriation Cases

Seyfarth Shaw LLP on 12/4/2019

Seyfarth Synopsis: Knowledge that a competitor or former employee is misappropriating trade secrets is difficult to come by. At the same time, however, once a company has notice that misappropriation may be occurring, the...more

Dividing Misappropriation Claim Among Different Trade Secrets Ineffective to Avoid Statute of Limitations

Holland & Knight LLP on 11/26/2019

In most states for certain claims, the statute of limitations is tempered by the "discovery rule," under which the limitations period does not start until the claimant knew or should have known of its claim against the...more

Revisiting the West Virginia Consumer Credit and Protection Act – Again

Spilman Thomas & Battle, PLLC on 4/24/2017

For the second time in two years, West Virginia’s legislature passes a bill to modify the state consumer protection law....more

E.D. Kentucky Dismisses SOX and Dodd-Frank Whistleblower Counter-Claims

Proskauer - Whistleblowing & Retaliation on 3/31/2016

On March 17, 2016, the Eastern District of Kentucky dismissed whistleblower counter-claims against Allstate Insurance Company (“Company”), ruling that Defendant Kevin Keefe’s (“Plaintiff”) SOX claim was untimely and that his...more

Google’s Strategic Purchase of Rights and Counterclaim Do Not Survive Delaware’s Statute of Limitations - Personalized User Model,...

McDermott Will & Emery on 10/6/2015

Addressing the requirements for tolling the statute of limitations (SOL), the U.S. Court of Appeals for the Federal Circuit affirmed the district court’s grant of judgment as a matter of law (JMOL), finding that the district...more

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Statute of Limitations › Counterclaims

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