News & Analysis as of April 30, 2025

Litigation Strategies

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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 -

Ohio Ruling Highlights Timing Importance for Naming Defendants in Injury Claims

Kohrman Jackson & Krantz LLP on 4/9/2025

An recent Ohio appellate court decision reinforces a critical point for plaintiffs and a crucial defense strategy for defendants: if you don’t properly and timely name individual employees/agents in a lawsuit, you may lose...more

Moana’s Legal Odyssey: Five-Year Copyright Dispute Ends With Disney Sailing Free

ArentFox Schiff on 3/27/2025

This month, after half a decade of litigation, the copyright infringement case against Disney over its beloved animated film Moana finally reached a conclusion, with a jury finding non-infringement after deliberating for just...more

Judge Tells FTC That It Can’t Have Its Part III and Eat It, Too

Venable LLP on 2/9/2022

I’ve never really understood the saying “You can’t have your cake and eat it, too,” but I was reminded of it when I read U.S. District Judge Amy Totenberg’s opinion rejecting the FTC’s efforts to stay or voluntarily dismiss...more

Products Liability Series: What is the Statute of Limitations on a Products Claim Under Arkansas Law?

Mitchell, Williams, Selig, Gates & Woodyard,... on 3/9/2020

For a products liability claim in Arkansas, the general rule is that a lawsuit shall be commenced within three years after the date on which the death, injury, or damage complained of occurs. Ark. Code Ann. § 16-116-203. In...more

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

Farrell Fritz, P.C. on 11/4/2019

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

“Waive” Your Undeveloped Arguments Goodbye

Carlton Fields on 12/6/2016

The case of Mid-S. Iron Workers Welfare Plan v. Harmon, 645 F. App’x 661 (10th Cir. 2016), teaches a valuable, if oft-repeated reminder: undeveloped arguments in the lower court may not be considered on appeal. Harmon...more

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