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Statute of Limitations › Unsolicited Faxes

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 -
Faegre Drinker Biddle & Reath LLP

Federal Court Reverses Course and Decertifies the Settlement Class

Faegre Drinker Biddle & Reath LLP on

After preliminarily approving a TCPA settlement arising out of allegedly unsolicited faxes, the Middle District of Florida recently reversed course and rejected the settlement in light of the Eleventh Circuit’s finding that...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending June 21, 2019

Carlton Fields on

Real Property Update - Mortgagee Liability: because section 701.04(1)(a), Florida Statutes, requires that the holder of a mortgage deliver to the mortgagor a written estoppel letter setting forth the unpaid balance of the...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending November 23, 2018

Carlton Fields on

Real Property Update - Reverse Mortgage / Statute of Limitations: as a matter of first impression, statute of limitations for enforcing reverse mortgage begins on date the note matures, notwithstanding earlier-death of...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...

Womble Bond Dickinson on

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

Blank Rome LLP

China Agritech May Cork Repeat TCPA Class Actions

Blank Rome LLP on

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

Womble Bond Dickinson on

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

Seyfarth Shaw LLP

Too Little, Too Late: Eleventh Circuit Rejects Multiple Bites At The Apple For Class Claims

Seyfarth Shaw LLP on

Defendants can add a new decision to their arsenal for defending against multiple proposed class actions on the same claims. The Eleventh Circuit recently issued a decision in Ewing Industries Corporation v. Bob Wines...more

Balch & Bingham LLP

Eleventh Circuit Upholds Rule Against Tolling For Successive Class Actions

Balch & Bingham LLP on

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

Burr & Forman

Illinois Appellate Court Holds Four-Year Federal Catch-All Statute Of Limitations Governs Private Party TCPA Claims Brought In...

Burr & Forman on

Plaintiff filed suit, placing at issue allegedly unsolicited faxes sent in violation of the TCPA. At issue was the applicable statute of limitations. Defendant’s argued that the Illinois two-year statute governing claims...more

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