News & Analysis as of May 28, 2025

Statute of Limitations › State and Local Government

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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 -

Unclaimed property: Michigan Supreme Court takes steps to curtail endless examinations

Eversheds Sutherland (US) LLP on 4/1/2025

In litigation challenging unclaimed property examination findings, the Michigan Supreme Court took a first step towards curtailing the seemingly never-ending examination process, but left open an opportunity for the State to...more

Maryland Supreme Court Upholds Removal of Civil Statute of Limitations for Child Sexual Abuse Cases

Morgan Lewis on 2/13/2025

Maryland’s highest court, in a 4-3 decision on February 3, narrowly upheld the Child Victims Act of 2023, a law that retroactively and prospectively repeals the civil statute of limitations for survivors of child sexual...more

Defamation 101 for Community Associations

Ward and Smith, P.A. on 7/5/2024

It is no secret that community associations and boards are subject to frequent scrutiny. Such scrutiny comes in many forms, including statements targeted at the board from a disgruntled community member, assertions from...more

North Carolina’s New State Budget Makes Changes to Occupational Safety and Health Rules and Bars Local Wage Payment Laws

Ogletree, Deakins, Nash, Smoak & Stewart,... on 10/2/2023

On September 22, 2023, the North Carolina General Assembly approved a budget for the period from July 1, 2023, through June 20, 2025. After its passage, Governor Roy Cooper announced that he would allow the budget to become...more

Florida Legislature Enacts Major Changes to the Statute of Repose for Construction Defect Claims

Bilzin Sumberg on 5/15/2023

On April 13, 2023, governor Ron DeSantis signed Senate Bill 360 (“SB 360”) into law, which drastically reduces the time limit for property owners to file suit against builders and construction professionals for construction...more

Legislative Update: Which L&E Bills Will Flourish Or Wilt As The Legislature Resumes Work After Spring Break?

Seyfarth Shaw LLP on 4/13/2023

Seyfarth Synopsis: When the Legislature reconvenes from Spring Break on April 10, 2023, it will resume consideration of the employment bills that were among the 2,600 introduced. Notable employment bills include those...more

First, Second and Third Departments All Hold That COVID Executive Orders Tolled NY’s Statutes of Limitations

Rivkin Radler LLP on 4/10/2023

Only weeks ago, the Appellate Division, Second Department issued its McLaughlin decision reaffirming Brash– another Second Department decision which we wrote about on August 4, 2021. As we discussed in our blurb, Brash was...more

Meaningful Statute of Limitations for Unclaimed Property Audits and Enforcement Actions? Michigan Court of Appeals Says Yes!

McDermott Will & Emery on 3/13/2023

On January 19, 2023, the Michigan Court of Appeals affirmed two 2022 trial court orders, holding that initiating an unclaimed property audit does not toll (or freeze) the running of the statute of limitations (time-bar) for...more

5 Major Drug and Device Developments of 2022

Faegre Drinker Biddle & Reath LLP on 12/23/2022

As we ring in the new year, it is time once again to reflect on some of the most significant legal developments for drug and device companies this year. The list below is by no means exhaustive (who could forget the Rule 702...more

California Court of Appeal Confirms that Shorter 90-Day Statute of Limitations Applies in Political Reform Act Claims Affecting...

Allen Matkins on 12/20/2022

California’s Second District Court of Appeal recently affirmed that a shorter 90-day statute of limitations, and not a longer three- or four- year statute of limitations, applies to Political Reform Act (PRA) claims that...more

A Tsunami of Lawsuits Is Expected to Slam Institutions in the Wake of New York Adult Survivors Act

McDermott Will & Emery on 12/1/2022

A new revival window opened on Thanksgiving Day for filing sexual assault and abuse lawsuits that would otherwise be time-barred by the New York statute of limitations. This means that entities who formerly employed or were...more

The Final Nail: Ongoing Repairs Do Not Toll the Statute of Repose

White and Williams LLP on 10/28/2022

In Venema v. Moser Builders, Inc., 2022 PA Super. 171, 2022 Pa. Super. LEXIS 414, the Superior Court of Pennsylvania (Superior Court) upheld an award of judgment on the pleadings from the Court of Common Pleas of Chester...more

Employers Face New Litigation Exposure Under Adult Survivors Act

Lippes Mathias LLP on 5/31/2022

On May 24, 2022, New York State Governor Kathy Hochul signed the Adult Survivors Act (“ASA”), which creates a one-year lookback window, beginning on November 24, 2022, for the revival of otherwise time-barred civil claims...more

New York “Adult Survivors Act” Becomes Law

Goldberg Segalla on 5/25/2022

Key Takeaways - New York’s Adult Survivors Act was signed into law on Tuesday, May 24, 2022. The Adult Survivors Act establishes a one-year window that opens in six months for survivors of sexual offenses who were 18...more

Tax Justice Prevails as Connecticut Sinks FCA Expansion

Blank Rome LLP on 5/19/2022

The Connecticut General Assembly was heading toward including taxation in the expansion of the state’s False Claims Act, Conn. Gen. Stat. § 4-274, et seq. (the “FCA”) via Senate Bill 426. Expansion of the FCA is laudable to...more

Copper Creek Confirms That Bankruptcy Discharges Have No Effect on the Statute of Limitations in Washington State

Perkins Coie on 3/31/2022

As we previously noted, the statute of limitations on actions to enforce a note or deed of trust can be a brutally effective sword for borrowers in Washington State. Under the six-year limitations period of RCW 7.28.300, a...more

Action Challenging Restrictions on Short-Term Vacation Rentals Was Barred by 90-Day Statute of Limitations

Perkins Coie on 3/14/2022

The Court of Appeal held that an action to set aside an ordinance restricting short-term vacation rentals on the ground of failure to obtain a Coastal Development Permit (CDP) was barred by the 90-day statute of limitations...more

Too Late for The Blame Game: Massachusetts Court Holds That the Statute of Repose Barred a Product Manufacturer from Seeking...

White and Williams LLP on 3/11/2022

In State Farm Fire & Cas. Co. v. Wangs Alliance Corp., No. 21-cv-10389-AK, 2022 U.S. Dist. LEXIS 26712, the United States District Court for the District of Massachusetts (District Court) considered whether a product...more

Failure to Timely Name and Serve Real Parties In Interest Does Not Warrant Dismissal Of An Entire CEQA Action if The Unnamed...

Perkins Coie on 12/30/2021

In the first reported interpretation of a 2021 amendment to CEQA’s statute of limitations provisions, the First District Court of Appeal addressed “whether an action against a lead agency must be dismissed–despite being filed...more

New York Enacts Consumer Credit Fairness Act, Impacting Debt Collection Actions

Sheppard Mullin Richter & Hampton LLP on 11/18/2021

On November 8, New York Governor Kathy Hochul signed into law the Consumer Credit Fairness Act (Act) (S.153/A.2382). The Act contains a series of amendments to New York’s Civil Practice Law and Rules (CPLR) that...more

New York enacts significant changes impacting debt collection lawsuits

Ballard Spahr LLP on 11/16/2021

On November 8, 2021, New York Governor Hochul signed into law the “Consumer Credit Fairness Act” (S.153). The Act contains a series of amendments to the New York Civil Practice Law and Rules that significantly impact debt...more

Paid Vaccination Leave, Expanded Whistleblower Protection, and Paid Family Leave – Another Round of New Employment Laws and...

Cole Schotz on 11/15/2021

In yet another round of legislation and administrative decision-making, New York State recently expanded its paid vaccination leave requirements, whistleblower protection laws, and paid family leave requirements. New York...more

120-Day Statute of Limitations for New or Increased California Water and Sewer Rates

Best Best & Krieger LLP on 9/24/2021

SB 323 Signed Into Law and Effective Jan. 1 - A challenge to new or increased California water or sewer rates must be brought within 120 days pursuant to Senate Bill 323, which was signed into law this week. SB 323 applies...more

The Second Department Weighs in on Tolling vs. Suspension of Statutes of Limitation Pursuant to Governor Cuomo’s COVID-era...

Sheppard Mullin Richter & Hampton LLP on 7/7/2021

In “Governor Cuomo’s “Tolling” of New York Statutes of Limitation Has Ended, But What Did It Accomplish?”, we examined the debate surrounding whether Governor Cuomo’s Executive Order No. 202.8 and subsequent orders up to and...more

Following on the Child Victim’s Act, Proposed New York State Legislation Seeks to Revive the Statute of Limitations for Survivors...

Epstein Becker & Green on 6/1/2021

The trend in New York State to provide relief for expired claims by waiving statutes of limitation in sex-abuse cases may be continuing. As its current session winds down, the New York State Legislature is considering...more

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Statute of Limitations › State and Local Government

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