News & Analysis as of September 19, 2024

Statute of Limitations › Notice Requirements

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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 -

New California Labor and Employment Laws for 2023

Holland & Knight LLP on 12/29/2022

The California Legislature has enacted several new laws that will impact the workplace in 2023. This Holland & Knight alert provides a brief summary of select employment laws that go into effect on Jan. 1, 2023, unless stated...more

10 Takeaways as New Jersey Set to Drastically Limit Non-Competes and Other Restrictive Covenants

Fisher Phillips on 6/1/2022

The New Jersey legislature is currently considering legislation that would add the state to the growing list of jurisdictions that have significantly limited the scope and enforceability of non-competition agreements and...more

City of Chicago Expands Protections for Victims of Sexual Harassment

Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/25/2022

On July 1, 2022, amendments to Chicago’s Human Rights Ordinance will go into effect. In April 2022, Chicago Mayor Lori E. Lightfoot and the Commission on Human Relations amended the Chicago Human Rights Ordinance, adding...more

Florida’s Limited Waiver of Sovereign Immunity Requires Proof that Pre-Suit Statutory Notice of Claim Actually be Received within...

Rumberger | Kirk on 5/19/2022

Sovereign immunity stands for the long-standing premise that the government cannot be sued without its consent. The immunity applies to the State of Florida and all subdivisions of the state, including counties,...more

Time After Time: Illinois Supreme Court Asked To Decide When Statute of Limitations Accrues for BIPA Violations

UB Greensfelder LLP on 12/22/2021

The Illinois Biometric Information Privacy Act (BIPA 740 ILCS 14/1 et seq.) requires businesses to notify individuals before collecting their biometric identifiers such as fingerprints (click here to read our previous client...more

Employee Whistleblower Protections Expanded Under New York Labor Law Section 740

Jackson Lewis P.C. on 12/2/2021

On October 28, 2021, Governor Hochul signed legislation which expanded the scope of whistleblower protection under New York Labor Law Section 740. The new amended law expands the scope of individuals protected, the...more

This Week at the Ninth: Willfulness and Waterways

Morrison & Foerster LLP - Left Coast Appeals on 12/7/2020

This week, the Ninth Circuit came back from the Thanksgiving break with a bang, issuing three long-awaited en banc decisions in criminal and immigration cases. Here at Left Coast, however, we’ve focused on two other civil...more

Plaintiff's Successor Counsel Not Liable for Contribution Where Underlying Case Was "Irretrievably Lost" Before He Was Retained

Hinshaw & Culbertson - Lawyers for the... on 8/21/2020

McNellis-Wallace v. Hoffman, et. al., Superior Court of New Jersey, Appellate Division, Docket No. A-1488-19T1 - Brief Summary - A New Jersey appellate court held that a defendant in a malpractice case could not maintain a...more

A Notice of Trustee’s Sale Does Not Necessarily “Disturb Possession”

Patton Sullivan Brodehl LLP on 6/29/2020

Flashback: Five years ago, Money and Dirt covered the Salazar v. Thomas opinion from California’s Fifth District Court of Appeal holding that a Notice of Default does not “disturb possession” sufficiently to start the...more

West Virginia Workers’ Compensation COVID-19 Quick Guide

Spilman Thomas & Battle, PLLC on 4/27/2020

When must an Employer’s First Report of Injury be filed? The employer must submit information about the injury to the insurance carrier within five (5) days of the employee's notice of injury. ...more

Overview of the most recent measures of the Government of the Slovak Republic regarding the spread of the COVID-19 virus

White & Case LLP on 4/3/2020

On 31 March 2020, the Government of the Slovak Republic significantly extended the measures to mitigate the economic impacts related to the COVID- 19 pandemic, including significant amendments to the Labour Code and related...more

Fourth Circuit Sides with FERC on Statute of Limitations in Some FPA Enforcement Proceedings

Morgan Lewis on 2/19/2020

The US Court of Appeals for the Fourth Circuit resolved a question of first impression on February 11 on when the statute of limitations period commences for civil enforcement claims brought by the Federal Energy Regulatory...more

Working Wise: New Oregon Legislation of Importance for Employers

K&L Gates LLP on 12/10/2019

The Oregon legislature was active in 2019. Several new laws were passed that impact employers, including a longer statute of limitations for employment claims, paid family leave, and additional requirements for...more

New York Employers: Prepare for Changes to Harassment, Discrimination and Equal Rights Laws

Fenwick & West LLP on 8/14/2019

New York Governor Andrew M. Cuomo on August 12 signed into law new legislation expanding employee protections against discrimination and harassment. Among the key provisions are a lower standard for proving harassment,...more

New Jersey Adds Sharp Teeth, and Employer Notice Duty, to Wage and Hour Law

Littler on 8/13/2019

On August 6, 2019, New Jersey enacted its Wage Theft Law, transforming the state’s wage and hour laws into one of the most robust in the country. As discussed below, the law substantially expands the civil and criminal...more

New York Legislature Passes Profound and Sweeping Sexual Harassment Bill

Dechert LLP on 6/28/2019

The New York Legislature on June 19, 2019 unanimously passed expansive new protections for protected classes and special protections for employees who have been sexually harassed through a new bill — S.6577. According to its...more

No "End Run" Around Brinker Under Section 17200

Payne & Fears on 6/25/2019

The California Court of Appeal has affirmed a complete victory by Safeway Inc. over a certified class of wage-and-hour plaintiffs. Esparza v. Safeway Inc., et al., B287927 (Los Angeles County Super. Ct. No. BC369766, June 10,...more

Real Property, Financial Services, & Title Insurance Update: Week Ending April 26, 2019

Carlton Fields on 5/2/2019

Real Property Update - • Foreclosure / Reverse Mortgage / Condition Precedent: bank failed to establish that the subject property was not the principal residence of surviving co-borrower under its reverse mortgage, a...more

UCL and Financial Elder Abuse Claims Against Life Insurer Are Time-Barred

Carlton Fields on 4/5/2019

Life insurers in California are all too familiar with claims based on alleged violations of senior notice statutes and financial elder abuse. ...more

What’s Happening?? Recent changes to the Illinois Human Rights Act

Seyfarth Shaw LLP on 2/28/2019

Seyfarth Synopsis: A number of changes have been made (and proposed amendments are being considered) to the Illinois Human Rights Act since the beginning of the year....more

Delaware Supreme Court Rules Insured’s Claim Too Late, Reverses Bad Faith Judgment

White and Williams LLP on 12/3/2018

In Homeland Insurance Company of New York v. CorVel Corporation, the Delaware Supreme Court addressed whether a bad faith claim accrues under the Louisiana Bad Faith Statute once the insured could plead damages or not until a...more

What Bank Litigators Want Banks to Know About the State of Consumer Protection Litigation in W.Va.

Spilman Thomas & Battle, PLLC on 10/18/2018

For decades, consumer protection has led to copious amounts of litigation in West Virginia. In the past several years, the types of lawsuits filed under the debt collection provisions of the West Virginia Consumer Credit and...more

California Requires New Notices Before Attempting to Collect Time-Barred Debt

Troutman Pepper on 10/1/2018

On September 5, California Governor Jerry Brown signed a bill amending the state’s debt collection law to place additional restrictions on the collection of time-barred debts. ...more

California Enacts Additional Limits on Collecting Time Barred Debts

Ballard Spahr LLP on 9/18/2018

Beginning in 2019, all California “debt collectors”—including creditors collecting their own debts regularly and in the ordinary course of business—will be required to provide notice to debtors when collecting on debts that...more

If Pain, Yes Gain—Part 52: Michigan Legislature Adopts Earned Sick Time Initiative

Seyfarth Shaw LLP on 9/14/2018

Seyfarth Synopsis: Last week, the Michigan Senate and House of Representatives voted to approve a paid sick leave ballot initiative requiring employers to provide employees with earned sick time for certain covered reasons. ...more

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Statute of Limitations › Notice Requirements

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