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Statute of Limitations › Tolling › Telephone Consumer Protection Act

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 -
Carlton Fields

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

Carlton Fields on

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

Vedder Price

TCPA Case Law Review (Vol. 6)

Vedder Price on

As 2018 comes to a close, there is no sign that the development of TCPA case law will be slowing any time soon. Since our last report in October, we have reviewed at least 75 new decisions discussing the TCPA in one way or...more

Womble Bond Dickinson

TCPA Taking its Toll: Third Circuit Court of Appeal Rejects Tolling of TCPA Claims in favor of Plaintiff that Served as Class...

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The TCPA legal doctrine atom smasher continues to, well, smash atoms. Earlier today we learned a bit about Article III standing of class representatives from a TCPA case, and now the wide world gets to learn about the...more

Womble Bond Dickinson

For Whom the Statute Tolls: Statute of Limitations Extended in Plaintiff’s Individual TCPA Lawsuit Based on American Pipe Tolling...

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The TCPA already has an ample four-year statute of limitations. But based upon a 1974 Supreme Court case called American Pipe & Construction Co. v. Utah, 414 U.S. 538 (1974), that statute is extended every time a defendant...more

Blank Rome LLP

China Agritech May Cork Repeat TCPA Class Actions

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When envisioning the international performing arts troupe of Cirque du Soleil, there would be little reason to consider the appropriateness of their use of faxes for marketing purposes. But this conduct is exactly what the...more

Womble Bond Dickinson

A Death-Defying Escape!: Cirque du Soleil Slips Certified TCPA Class Action for Faxes Sent Back in 2009

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It was an escape act worthy of Houdini, but it was brought to us by the good folks at Cirque du Soleil. In a case that underscores the extraordinary challenges facing callers navigating TCPA issues, just last Thursday...more

Carlton Fields

Sixth Circuit Litigants Beware: Exiting The American Pipe Highway Can Forfeit Your Toll

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Classified contributors have blogged numerous times (including several times this year) on opinions that tested the boundaries of American Pipe tolling, including those that addressed whether the doctrine applies to claims...more

Balch & Bingham LLP

Eleventh Circuit Upholds Rule Against Tolling For Successive Class Actions

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The Eleventh Circuit has reaffirmed the rule announced in Griffin v. Singletary, 17 F.3d 356 (11th Cir. 1994), that there can be no piggybacking of successive class actions for statute of limitations purposes regardless of...more

Goodwin

11th Circuit Declines to Follow the Pack on “No Piggybacking” Rule

Goodwin on

On August 3, 2015, the 11th Circuit held in Ewing Industries Corp. v. Bob Wines Nursery, Inc., No. 14-13842, 2015 WL 4605234 (11th Cir. Aug. 3, 2015) that the pendency of a purported class action does not toll the limitations...more

Carlton Fields

Eleventh Circuit Doubles Down on “No Class Tolling” Rule

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The Eleventh Circuit has doubled down on its prior holding that a pending class action will not toll the statute of limitations for a later class action seeking to represent the same class. Plaintiff brought a class action...more

Benesch

A Prior Putative Class Action Does Not Toll The Statute of Limitations For Subsequent Class Actions, Eleventh Circuit Affirms

Benesch on

In Ewing Indus. Corp. v. Bob Wines Nursery, No. 14-13842, 2015 U.S. App. LEXIS 13484 (11th Cir. Aug. 3, 2015), the Eleventh Circuit Court of Appeals held that the pendency of a prior purported class action does not toll the...more

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