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Statute of Limitations › Dismissals

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 -
Bass, Berry & Sims PLC

FCA Statute of Limitations Triggered by Notice to DOJ Only, Court Rules

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In a recent order denying dismissal in United States v. NH Learning Solutions Corp. (NHLS), the U.S. District Court for the Eastern District of Michigan weighed in on a False Claims Act (FCA) issue that has divided courts,...more

Lewitt Hackman

Franchisee 101: Fraud Claim Muzzled by Contractual Limitations Period

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A North Carolina federal court dismissed a complaint brought by a franchisee against its franchisor. The franchisee alleged the franchisor fraudulently induced the franchisee to enter into a franchise agreement, but the court...more

Dunlap Bennett & Ludwig PLLC

Supreme Court To Review Arbitration Dispute Resolution Case

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The Supreme Court’s decision to grant certiorari in Wendy Smith et al. v. Keith Spizzirri et al. shines a spotlight on a pivotal issue within the realm of arbitration dispute resolution. This case underscores a significant...more

Mitratech Holdings, Inc

4 Legal Hold Tips We’re Grateful for This November

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Dive into the do’s and don’ts of data preservation, custodianship, legal hold release expectations, and more. It is the season of giving thanks, and we’d be remiss if we didn’t acknowledge the tips and tricks that...more

BakerHostetler

Federal and State Antitrust Enforcers Double Down on Stance Against No-Poach Agreements, Urging 2nd Circuit in Amicus Briefs to...

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In their latest condemnation of labor market restrictions, state and federal enforcers, in two recent friend-of-the-court filings, urged the 2nd Circuit to reverse the dismissal of a no-poach case. On August 4, twenty-one...more

Harris Beach PLLC

Fitness Companies Flex with Dismissal in NY UCC Elastic Band Case

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New York’s Appellate Division, First Department recently issued favorable dismissals to a sporting goods retailer and manufacturer in a case alleging issues with an elastic exercise band that injured a person’s right eye in a...more

King & Spalding

Fifth Circuit Finds That New Jersey’s Discovery Rule Applies If Identity of a Specific Defendant Was Not Known Until After the...

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On December 15, 2022, the U.S. Court of Appeals for the Fifth Circuit reversed the pleading-stage dismissal, as time-barred, of a case against Bank of New York Mellon by defrauded investors in the Allen Stanford Ponzi scheme....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

Burr & Forman

Seventh Circuit Dismisses FDCPA Claim for Lack of Standing

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In Pierre v. Midland Credit Management, Inc., — F.4th —, 2022 WL 986441 (7th Cir. Apr. 1, 2022), the Seventh Circuit affirmed the dismissal of a claim under the Fair Debt Collection Practices Act (“FDCPA”), finding that the...more

Goodwin

Delaware Court of Chancery Dismisses Marriott Data Breach Derivative Suit

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Delaware Court of Chancery Dismisses Marriott Data Breach Derivative Suit; DOJ Announces Creation of National Cryptocurrency Enforcement Team; Fifth Circuit Applies New Standard for Disgorgement Orders In Securities Cases to...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Supreme Court Holds Failure to Promote Claims Accrue With Employee’s ‘Knowledge’ of Denied Promotion

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If an employee is passed over for a promotion due to alleged harassment, does the failure to promote happen when the employer decides to promote someone else or when the successful candidate actually takes on the role? ...more

Downey Brand LLP

First District Court of Appeal Finds CEQA Claim Time-Barred Due to Insufficient Tolling Agreement

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On June 30, 2021, in Save Lafayette Trees, et. al v. East Bay Regional Park District (Pacific Gas and Electric Company, Real Party in Interest), the First District Court of Appeal upheld the dismissal of a CEQA claim as...more

Downey Brand LLP

Properly Posting Notice of Determination Triggers Short CEQA Statute of Limitations Despite Not Providing the Notice to Petitioner...

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Published on February 9, 2021, the Court of Appeal in Organizacion Comunidad de Alviso v. City of San Jose held that the City of San Jose’s (“City’s”) posting of a second, revised Notice of Determination (“NOD”) adequately...more

Faegre Drinker Biddle & Reath LLP

Fifth Circuit Affirms Dismissal of Product Liability Claims in Truck Rollover Case Applying Texas Statute of Repose

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The Fifth Circuit held that the 15-year Texas statute of repose barred a family’s claims regarding the rollover of a truck. The court was required to interpret the statutory language “date of the sale of the product,”...more

Miles Mediation & Arbitration

A Potential Trap for the Unwary Plaintiff’s Lawyer

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All Georgia lawyers should be aware of the two dismissal rule that results in an adjudication on the merits. Under Georgia law, with some limitations, a plaintiff can voluntarily dismiss a lawsuit without prejudice and refile...more

Hinshaw & Culbertson - Lawyers for the...

Wisconsin Appellate Court Refines Actual Innocence Rule in Claims Against Criminal Defense Counsel

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A Wisconsin appellate court held that to pursue a legal malpractice claim against a criminal defense attorney, the former client only has to show actual innocence to some, not all, of the charges for which he or she was...more

Parker Poe Adams & Bernstein LLP

Ninth Circuit Explains Standard for Willful Violation of Family and Medical Leave Act

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The statute of limitations for bringing claims under the Family and Medical Leave Act is two years from the last alleged illegal act. However, this period is increased to three years in the event of a willful FMLA violation...more

McGlinchey Stafford

Florida Real Property And Business Litigation Report Volume XIII, Issue 50

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M & M Realty Partners at Hagen Ranch, LLC v. Mazzoni, Case No. 18-13536 (11th Cir. 2020). A “binding financial commitment” from a third party, including a wholly owned business entity, is required in order to satisfy the...more

Harris Beach PLLC

New York High Court Recognizes "American Pipe" Cross-jurisdictional Class Action Tolling but Dismissal Restarts the Clock

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Recently, the Court of Appeals of New York answered the questions certified to it by the Second Circuit in the affirmative that New York recognizes “American Pipe” (American Pipe v. Constr. Co v. Utah, 414 U.S. 538 (1974))...more

Rivkin Radler LLP

Seventh Circuit Weighs in on Government’s Right to Dismiss Qui Tam Lawsuits

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In United States ex rel. Cimznhca, LLC v. UCB, Inc., the 7th Circuit Court of Appeals weighed in on a Circuit Court of Appeals dispute over the correct standard to apply to the government’s decision to dismiss a qui tam...more

Hinshaw & Culbertson - Lawyers for the...

Wisconsin Supreme Court Finds No Exceptions to Actual Innocence Rule

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Skindzelewski v. Smith, 2020 WI 57 (June 18, 2020) - Brief Summary - A Wisconsin plaintiff's legal malpractice action against his former criminal defense attorney was shot down by the Wisconsin Supreme Court because he...more

Faegre Drinker Biddle & Reath LLP

Ninth Circuit’s Ingredients List Rule Keeps Nestlé In Hot Water With Denial Of Nestlé’s Statute Of Limitations-Based Summary...

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The Northern District of California recently applied the Ninth Circuit’s ingredients list rule in a putative class action decision. The Court refused to grant Nestlé USA Inc.’s summary judgment motion based on the statute of...more

Foley Hoag LLP

Product Liability Update - May 2020

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Foley Hoag LLP publishes this quarterly Update primarily concerning developments in product liability and related law from federal and state courts applicable to Massachusetts, but also featuring selected developments for New...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

Downey Brand LLP

Two CEQA Statute of Limitations Cases, Two Different Results

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California Courts of Appeal recently issued two cases addressing the strict statute of limitations applicable to agency action under CEQA. Citizens for a Responsible Caltrans Decision v. Department of Transportation – ...more

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