News & Analysis as of September 23, 2024

Statute of Limitations › Liability

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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 -

Illinois BIPA Reform Takes Effect

King & Spalding on 8/13/2024

The long-awaited amendment provides immediate relief to corporate defendants from business-destroying liability - On August 2, 2024, Senate Bill 2979 went into effect limiting available damages under Illinois’ Biometric...more

Oh, THAT Contract: Ohio Court Bars Plaintiff’s Negligence Claim Based on Subrogation Waiver and Accelerated Limitations Period in...

White and Williams LLP on 7/9/2024

In Ohio Sec. Ins. Co v. Brakefire, Inc., CA. No. 5:24-cv-267, 2024 U.S. Dist. LEXIS 97606 (Brakefire), the United States District Court for the Northern District of Ohio considered whether a subrogating plaintiff’s negligence...more

What Does a Wrongful Death Lawyer Do?

Ward and Smith, P.A. on 5/24/2024

In the blink of an eye, a bad car wreck or another serious incident can result in a death. Losing a loved one is absolutely devastating. In North Carolina, when an individual's negligence, wrongful acts, or intentional acts...more

Does the Statute of Limitations Ever Apply in Legal Malpractice?

Goldberg Segalla on 5/1/2024

It’s probably reasonable to assume — at least from the defense standpoint — that the success rate of a statute of limitations (SOL) defense to a legal malpractice claim is virtually zero. This may be more so in some...more

A Nightclub Does Not Have a Duty to Defend and Indemnify an Intoxicated Minor in an Automobile Accident Case

Marshall Dennehey on 11/21/2023

Garcia v. Myrtil, 48 Fla. L. Weekly D1483 (Fla. 3d DCA, Aug. 2, 2023) - The plaintiff brought suit against the intoxicated minor (the tortfeasor) and the subject nightclub that served him pursuant to Florida’s Dram Shop Law,...more

What to Do After a Florida Slip and Fall Injury

Searcy Denney Scarola Barnhart & Shipley on 11/1/2023

We enter stores, restaurants, and other public spaces with the expectation that they will be safe. This proves to be correct in the overwhelming majority of circumstances. There are times, however, when the owner or...more

Amended Complaints, New Defendants and the Relation-Back Doctrine

Freiberger Haber LLP on 10/16/2023

“A” brings an action against “B”. The causes of action asserted against “B” are all timely for statute of limitations purposes. Following discovery, “A” learns that “C” played a material role in the facts and...more

Superior Court of Pennsylvania Affirms Trial Court’s Refusal to Open the Judgment of Non Pros Against Plaintiff

Marshall Dennehey on 9/20/2023

Atuahene v. Agondanou, Slip Copy, 2023 WL 2808476 - The plaintiff filed a claim for property damage to her vehicle four years after the date of the accident. The arbitration panel dismissed her claim based on the two-year...more

Avoiding Common Pitfalls when Contracting with Public Boards in Mississippi

Butler Snow LLP on 6/7/2023

In addition to generally applicable contract law principles, special care should be taken when contracting with public boards in Mississippi. Otherwise, you may find yourself with a contract that is unenforceable or exposes...more

Florida Enacts Transformative Tort Reform Legislation

King & Spalding on 3/31/2023

On Friday, March 24, 2023, Governor Ron DeSantis signed into law House Bill 837, providing an overhaul to tort law in the state of Florida. The new legislation makes transformative changes, including reducing the statute of...more

Florida Passes Tort Reform Bill

White and Williams LLP on 3/29/2023

On Friday, March 24, 2023, Florida’s governor, Ron DeSantis, signed into law a tort reform bill, HB 837. The bill impacts, among other things, bad faith actions and attorney’s fee awards. Of particular importance to...more

Asbestos Defendants Beware: Iowa’s Tort Reform Was Apparently Weaker Than We Thought

Husch Blackwell LLP on 9/14/2022

In a 4-3 decision, the Iowa Supreme Court issued an opinion that significantly narrowed Iowa’s new statutory asbestos defense – holding the defense only protects asbestos product defendants who did not manufacture or sell the...more

Out of Time: Bifurcating the Statute of Limitations

Butler Snow LLP on 12/20/2021

The statute of limitations is a powerful defense for defendants. But it is a tricky one to assert at trial in any of the majority of states recognizing a discovery rule—which commonly provides that the statute of limitations...more

NY Law Is Clear On A Business’s Obligations Regarding Uncashed Distributions

Rivkin Radler LLP on 9/27/2021

Recently, a client came to us seeking advice on how to handle a large volume of uncashed distribution checks the client issued to its members over the past decade. Although not widely known, New York maintains an entire...more

FCC Seeks Comment on Petition Requesting Declaratory Ruling on Refund Liability in Pole Attachment Complaint Proceedings

Davis Wright Tremaine LLP on 8/5/2021

In a recent Public Notice, the Federal Communications Commission (FCC) announced that the Wireline Competition Bureau is soliciting comment on a Petition for Declaratory Ruling filed by the Edison Electric Institute (EEI...more

Florida's Broad New COVID-19 Liability Protections

Baker Donelson on 4/2/2021

On March 29, 2021, when Governor Ron DeSantis signed Senate Bill 72 into law, Florida became the largest of a growing number of states to implement broad COVID-19 liability protections applicable to businesses, health care...more

Robins Kaplan Justice Report Winter 2021 | VOL. 15 NO. 1

Robins Kaplan LLP on 3/10/2021

ESTABLISHING DUTY IN CHILD SEX ABUSE CASES AGAINST THE JEHOVAH’S WITNESSES - In 2019, 13 states and the District of Columbia amended civil statutes to enlarge statutes of limitations for child sex abuse claims. Eight of...more

[Webinar] Fiduciary Litigation Update: 2019-2020 - December 15th, 10:00 am - 11:15 am CT

Winstead PC on 12/1/2020

This presentation will cover Texas cases dealing with fiduciary issues over the survey period. Some of the issues involve the removal of a trustee, the resignation of a trustee, the production of confidential trust...more

Presentation - Texas Fiduciary Litigation Update: 2018-2019

Winstead PC on 12/31/2019

David F. Johnson, lead writer for the Texas Fiduciary Litigator blog, discusses Texas fiduciary litigation case law and addresses issues such as merger of trusts, Gun Trusts, statute of limitations, quasi-estoppel,...more

Sexual Harassment In The Workplace: What US: Missouri Companies Need To Know

International Lawyers Network on 9/10/2019

2019 Update - The #MeToo movement, which has grown international in scope, is a wide-ranging campaign to shed light on the occurrence of sexual assault and harassment, particularly in the workplace. The movement began in...more

Ninth Circuit Weighs In On Circuit Split Regarding CERCLA Contribution Claims After Settlement and The Statute of Limitation

Sheppard Mullin Richter & Hampton LLP on 2/28/2018

Asarco, LLC v. Atlantic Richfield Company, 866 F.3d 1108 (9th Cir. 2017). In a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) contribution case, the Ninth Circuit addressed three issues of...more

Decoding the code - China's new General Civil Law Rules: the first step towards a comprehensive civil code

Hogan Lovells on 6/8/2017

On 15 March 2017, the People's Republic of China General Civil Law Rules (hereinafter referred to as the "GCLR") were formally adopted at the Fifth Session of the Twelfth National People's Congress. The GCLR will enter into...more

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Statute of Limitations › Liability

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