News & Analysis as of

Statute of Repose Appeals

Maryland’s Court of Appeals to Decide Whether Statute of Repose Defense Applies in Asbestos Litigation

by Miles & Stockbridge P.C. on

On December 1, 2017, the Court of Appeals of Maryland heard arguments on an appeal from a decision holding that the state’s 20-year statute of repose bars asbestos claims that accrue after the enactment of the asbestos...more

Preliminary Hurdle for Cayman Derivative Claims Does Not Bar Suit in New York

A shareholder bringing a contested derivative claim in the Cayman Islands must seek leave from the court before proceeding. This litigation prerequisite -- imposed by Rule 12A of the Rules of the Grand Court of the Cayman...more

Transfer To Non-Existent Corporation Held To Be A Transfer Nonetheless

by Allen Matkins on

Sometimes, the law is just weird. The case of PGA West Residential Ass’n, Inc. v. Hulven Int’l, Inc., Cal. Ct. App. Case No. E064270 (Aug. 9, 2017) is weirder than most. The lawsuit alleged that the defendant had tried to...more

Briefs Filed in CalPERS v. ANZ Securities

On February 27, 2017, the California Public Employees’ Retirement System (“CalPERS”) filed its brief with the Supreme Court, requesting that the Court reverse the decision of the Second Circuit and abrogate the Second...more

Court of Appeals Changes Calculation of Statute of Repose

by Sherman & Howard L.L.C. on

Colorado law generally prohibits construction defect lawsuits against a construction professional brought “more than six years after the substantial completion of the improvement to the real property.” § 13-80-104, C.R.S....more

Tenth Circuit Addresses ERISA Limitations Provision in Class Action Decision

by GableGotwals on

In Fulghum v. Embarq. Corp., 785 F.3d 395 (10th Cir. 2015), the Tenth Circuit Court of Appeals considered the claims of a class of telephone company retirees whose life and health insurance benefits were reduced or eliminated...more

Tennessee Court of Appeals Determines Homeowners’ Action Against Contractor Barred by Statute of Repose

In Hayes v. Coopertown’s Mastersweep, Inc. 2015 Tenn. App. LEXIS 2224 (Tenn. Ct. App. 2015), plaintiff homeowners contracted with defendant Mastersweep to inspect the home’s fireplace due to consistent “smoke trouble.”...more

Oregon Court of Appeals Clarifies Application of Statute of Limitations and Statute of Repose in Connection with Construction...

In Riverview Condo, Ass’n v. Cypress Ventures, Inc., 266 Ore. App. 574 (Or. Ct. App. 2014), the Oregon Court of Appeals clarified application of the statute of repose and statute of limitations in the context of a suit...more

N.C. Supreme Court Reverses Court of Appeals and Upholds 20-Year Construction Warranty

by Poyner Spruill LLP on

Freedom of contract principles prevailed in the Supreme Court’s recent ruling that a manufacturer waived application of North Carolina’s 6-year statute of repose by extending an express 20-year warranty of its product. The...more

Arizona Court of Appeals Issues Decision Related to the Application of the Statute of Repose and Economic Loss Doctrine for...

by Snell & Wilmer on

On December 4, 2012, the Arizona Court of Appeals issued a decision in Sullivan v. Pulte Home Corporation that will have significant implications in the construction industry. The case revolved around a home built by Pulte in...more

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