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Statute of Limitations › Default

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 -
Carlton Fields

Second Circuit Concludes Suit to Recover on Defaulted Foreign Bonds Was Untimely

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The Second Circuit Court of Appeals recently concluded that a claim to recover on defaulted bonds issued by a foreign sovereign was untimely under New York’s six-year statute of limitation....more

A&O Shearman

Second Circuit Affirms Dismissal Of Claims On Defaulted Argentina Bonds As Time-Barred

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On June 22, 2022, the United States Court of Appeals for the Second Circuit affirmed the dismissal of claims seeking recovery on defaulted bonds issued by the Republic of Argentina.  Bainbridge Fund Ltd. v. Republic of...more

Farrell Fritz, P.C.

Affirmatively Plead Your Defenses, or Risk “Waiving” Them Goodbye

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Many litigants are familiar with the well-settled rule that an affirmative defense will be waived if it is not included in a CPLR 3211(a) motion to dismiss or in the answer (see CPLR 3211[e]).   And so, lawyers tasked with...more

Butler Snow LLP

BizLitNews SCOTUS watch: Rotkiske v. Klemm and whether the “discovery rule” applies to FDCPA’s one-year limitations period.

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We are keeping an eye on Rotkiske v. Klemm, which is currently pending at the U.S. Supreme Court. This case will likely resolve a circuit split on whether the “discovery rule” applies to toll the one-year statute of...more

Troutman Pepper

A Pivotal Ruling for Appellate Arbitration Award Enforcement

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In 2008, the U.S. Supreme Court in Hall Street Associates LLC v. Mattel Inc. determined that parties may not contractually agree to expand judicial review of arbitral awards beyond the grounds set forth in the Federal...more

Seyfarth Shaw LLP

Statutory Text or Discovery Rule? SCOTUS to weigh in on Rotkiske v. Klemm

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Recently, the Supreme Court of the United States granted certiorari in the matter of Rotkiske v. Klemm. At issue is whether the discovery rule tolls the statute of limitations under the Fair Debt Collections Practices Act...more

Dorsey & Whitney LLP

Supreme Court to Resolve Circuit Split on FDCPA Statute of Limitations

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The U.S. Supreme Court recently granted certiorari to resolve a split among the federal circuit courts of appeal as to when the statute of limitations begins to run for the Fair Debt Collection Practices Act. The Supreme...more

Holland & Knight LLP

Supreme Court Grants Certiorari in Case That Could Increase FDCPA Litigation

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The U.S. Supreme Court on Feb. 25, 2019, granted certiorari in a Fair Debt Collection Practices Act (FDCPA) case involving a legal issue that could dramatically expand the scope of FDCPA liability. The case, Rotkiske v....more

Bradley Arant Boult Cummings LLP

Time Stops For No One: The Supreme Court Addresses Timeliness Issues in Two Separate Class Cases

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The U.S. Supreme Court suddenly seems to have a little time on its hands. Or at least on its mind. In two different class action cases on its docket this week, the question at hand was timeliness....more

Hinshaw & Culbertson LLP

U.S. Supreme Court Agrees to Resolve Circuit Split on When the Limitations Period for FDCPA Claims Should Start

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As we predicted last year, the United States Supreme Court earlier this week granted Plaintiff's petition for certiorari in Rotkiske v. Klemm to resolve a split in the circuits on whether the statute of limitations for a Fair...more

Ballard Spahr LLP

U.S. Supreme Court to Decide Whether Discovery Rule Applies to FDCPA Claims

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The U.S. Supreme Court has agreed to resolve a circuit court split over whether the one-year statute of limitations (SOL) in the Fair Debt Collection Practices Act (FDCPA) runs from the date of the alleged violation or starts...more

Burr & Forman

Grant v. Citizens Bank, N.A.: Florida Courts Agree that Statute of Limitations does not Bar Collection of Amounts More than Five...

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In an opinion issued recently, Florida’s Fifth District Court of Appeal joined other Florida appellate courts in holding that the five-year statute of limitations to bring an action to enforce a promissory note and/or...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending November 23, 2018

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Real Property Update - Reverse Mortgage / Statute of Limitations: as a matter of first impression, statute of limitations for enforcing reverse mortgage begins on date the note matures, notwithstanding earlier-death of...more

Jones Day

From the Top In Brief - July/August 2017

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In Midland Funding, LLC v. Johnson, No. 16-348, 2017 BL 161314 (U.S. May 15, 2017), the U.S. Supreme Court ruled that a credit collection agency does not violate the Fair Debt Collection Practices Act ("FDCPA") when it files...more

Bradley Arant Boult Cummings LLP

No Free Houses—Florida Supreme Court Approves Fifth DCA’s Bartram Decision and Extension of Singleton v. Greymar

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The mortgage industry scored a significant victory last week when the Florida Supreme Court released its decision in Bartram v. U.S. Bank, N.A. broadly approving of the approach taken by the Fifth District Court of Appeal and...more

Shumaker, Loop & Kendrick, LLP

Client Alert: Florida Supreme Court Rules that Dismissal of Foreclosure Action Returns Parties to their Pre-Foreclosure Action...

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The Florida Supreme Court issued its long awaited decision in Bartram et al. v. U.S. Bank NA, case number SC14-1265, on November 3, 2016, affirming the decision of the Fifth District Court of Appeals in U.S. Bank Nat. Ass’n...more

Blank Rome LLP

Florida’s Third District Court of Appeal Reverses Earlier Decision in Beauvais and Holds That Statute of Limitations Does Not Bar...

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Action Item: Florida’s Third District Court of Appeal finds that Florida’s statute of limitations for foreclosure actions does not bar a second foreclosure action filed on a subsequent payment default occurring within the...more

Ballard Spahr LLP

Fla. Appellate Court Reverses Itself In Key Foreclosure Victory For Mortgage Industry

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The Florida Third District Court of Appeal (DCA), sitting en banc, reversed itself this week and held that the five-year statute of limitations did not bar a second foreclosure suit filed on a subsequent payment default so...more

Bradley Arant Boult Cummings LLP

Fifth Circuit Court of Appeals Clarifies Abandonment of Loan Acceleration

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The Fifth Circuit Court of Appeals recently clarified how mortgage lenders and servicers can abandon a loan acceleration under Texas law. Although Texas generally requires foreclosure actions to be brought no more than four...more

Blank Rome LLP

New Jersey Bankruptcy Court Holds That Mortgage Was No Longer Enforceable and Borrower Was Entitled to a “Free House”

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Action Item: In light of this decision, lenders should ensure that foreclosures in New Jersey are filed within six years of the date of default. Failure to file a foreclosure within six years may cause the action to be barred...more

Baker Donelson

Big Win for our Florida team in U.S. Bank N.A. v. Bartram

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In U.S. Bank N.A. v. Bartram, ____ So.3d ____, 2014 WL 1632138 (Fla. 5th DCA April 25, 2014), the Fifth District Court of Appeals for the State of Florida reversed a decision from the Circuit Court of St. Johns County...more

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