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Statute of Limitations Motion to Dismiss Summary Judgment

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 -
Cadwalader, Wickersham & Taft LLP

Firmly Fixated With Allonges - REF News & Views

In a recent decision by the Supreme Court of the State of New York in Kings County (the Court), HSBC Bank USA, N.A. (the Plaintiff) initiated a mortgage foreclosure action against Jack and Sabah Srugo (collectively, the...more

Kohrman Jackson & Krantz LLP

Ohio Ruling Highlights Timing Importance for Naming Defendants in Injury Claims

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

Farrell Fritz, P.C.

Premature or Untimely? Both at the Same Time? When to Sue as a General Partner

Farrell Fritz, P.C. on

Under ancient (some would argue vestigial) common-law rules of general partnerships, partners can find themselves stuck between a rock and a hard place deciding when to pull the trigger on a lawsuit....more

ArentFox Schiff

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

ArentFox Schiff on

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

Katten Muchin Rosenman LLP

D.C. Court Finds A Piggyback Statute Of Limitations In Segway-Crash Case

According to court filings, on October 11, 2019, a Segway struck Marilyn Kubichek and Dorothy Baldwin as they strolled along a D.C. sidewalk....more

Balch & Bingham LLP

Eleventh Circuit Court Of Appeals Decision Examines What Is Needed To Preserve An Argument For Appeal - (TRANSCRIPT)

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In this episode of Decision Dive, Balch’s Jason Tompkins, Chair of Balch & Bingham’s Issues & Appeals Practice, is joined by Robert Baxley, attorney in the firm’s Litigation Practice, to explore the Eleventh Circuit’s new...more

Carlton Fields

Maryland District Court Finds Damages Award, Not Liability Award Was “Final” Decision Triggering Time to Challenge Award Under FAA

Carlton Fields on

The plaintiff moved to vacate an arbitration award and the defendant moved to dismiss and confirm. The defendant’s dismissal motion challenged confirmation of an arbitration award, arguing that the matter was filed in...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending April 19, 2019

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Real Property Update - • Special Tax District Bond Validation: hospital center special tax district could not validate bonds intended to finance the construction of a hospital outside the geographic boundaries established...more

Knobbe Martens

Coda Development v. Goodyear Tire & Rubber

Knobbe Martens on

Federal Circuit Summary - Before Prost, Wallach, and Hughes. Appeal from the U.S. District Court for N.D. Ohio. Summary: On a Rule 12(b)(6) motion, a district court cannot judicially notice facts that are subject to...more

Womble Bond Dickinson

Time Will Tell: FCRA Statute of Limitations Defense on a Motion to Dismiss

Womble Bond Dickinson on

FCRA’s statute of limitations can sometimes provide defendants with a cut-and-dry grounds for dismissal early in case, but not always. The Eastern District of Michigan recently denied a motion to dismiss based on the statute...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Weeks Ending November 17 & 24, 2017

Carlton Fields on

REAL PROPERTY UPDATE - Receiver/Barton Doctrine: individual could not bring negligence action against discharged receiver of commercial property until individual first obtained leave to do so from the court that appointed...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Weeks Ending September 22 & 29, 2017

Carlton Fields on

REAL PROPERTY UPDATE - - Constructive Notice: a memorandum of agreement that is recorded in the official records of the county in which the property is located and refers to an unrecorded agreement entered into by the...more

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