News & Analysis as of

Statute of Limitations Summary Judgment Breach of Contract

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 -
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

Marshall Dennehey

Statute of Limitations Stands: Pennsylvania Superior Court Affirms Dismissal of Breach of Contract Claim Against Insurance Broker

Marshall Dennehey on

The Pennsylvania Superior Court recently affirmed the Philadelphia County Court of Common Pleas’ dismissal of breach of contract claims asserted against an insurance broker in Thuong Erin Wasielewski, Individually and as...more

Snell & Wilmer

Lessons from the Idaho Supreme Court Decision in Moyer v. Doug Lasher Construction and Statute of Limitations Considerations

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The Idaho Supreme Court recently issued its decision in Moyer v. Doug Lasher Construction, Inc., clarifying several critical issues in construction law and the application of the statute of limitations on summary judgment....more

MG+M The Law Firm

Massachusetts Supreme Judicial Court to Address the Application of the Statute of Repose to Contractual Indemnification Claims

MG+M The Law Firm on

An issue of great importance to all construction project parties, including design professionals and contractors, is pending before the Massachusetts Supreme Judicial Court (SJC). In the matter of Trustees of Boston...more

McGlinchey Stafford

Did I waive the terms of my contract? - McGlinchey Commercial Law Bulletin - July 8, 2022

McGlinchey Stafford on

Fair Debt Collection Practices Act- In this appeal, the Court of Appeals for the Sixth Circuit reversed and remanded the District Court for the Northern District of Ohio’s decision, finding the debt collector violated the...more

McGlinchey Stafford

Does my release bar a future claim?

McGlinchey Stafford on

The Bullet Point: An Ohio Commercial Law Bulletin May 20, 2020 In this appeal, the Eleventh Appellate District affirmed the trial court’s decision finding that the defendants did not waive the defense of lack of personal...more

Troutman Pepper Locke

The Washington Court of Appeals Clarifies When the Statute of Limitations for a Negligence Claim Begins to Run Under the Discovery...

Troutman Pepper Locke on

Dep’t of Transp. v. Seattle Tunnel Partners, 2019 BL 36988, 2 (Wash. App. Div. 2 Feb. 05, 2019) - On January 8, 2019, the Court of Appeals for the State of Washington reversed and remanded in part a trial court’s grant of...more

Ballard Spahr LLP

Arizona Supreme Court Addresses Statute of Limitations for Debt Buyers

Ballard Spahr LLP on

Addressing an issue of first impression in Arizona, the Arizona Supreme Court recently held that the statute of limitations on a credit card debt subject to an optional acceleration clause commences "when the debtor first...more

Carlton Fields

Real Property, Financial Services & Title Insurance Update: Week Ending October 16, 2015

Carlton Fields on

REAL PROPERTY UPDATE - - Foreclosure/Standing: although bank established it had possession of note prior to commencement of action, bank did not demonstrate when blank endorsement was placed on note, nor did it prove it...more

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