News & Analysis as of

Time-Barred Claims Statute of Limitations

White & Case LLP

German Federal Supreme Court clarifies controversial question on statute of limitations for cartel damages

by White & Case LLP on

Since 2005, the limitation period for cartel damages is suspended under certain conditions. Particularly, claims for damages by companies allegedly affected by a cartel do not become time-barred for as long as investigation...more

Weltman, Weinberg & Reis Co., LPA

Ohio Bankruptcy Court Strikes Down Mortgage, Imposes Six-Year Statute of Limitations

Much has been said recently in Ohio law concerning the enforcement of notes and foreclosures on mortgages. In summary, the plaintiff must be the holder of the note and mortgage with the right of enforcement of both...more

Schnader Harrison Segal & Lewis LLP

The Third Circuit holds that the discovery rule does not apply to the FDCPA’s one-year statute of limitations, but that the...

In a precedential decision diverging from holdings in the Fourth and Ninth Circuits, the United States Court of Appeals for the Third Circuit, sitting en banc, held that the one-year statute of limitations in the FDCPA runs...more

Holland & Knight LLP

Self-Disclosure and the FCA Statute of Limitations

by Holland & Knight LLP on

Most practitioners are aware that the statute of limitations under the False Claims Act (FCA) is six years after the date on which the violation is committed. 31 U.S.C. § 3731(b)(1). That is, unless the FCA’s tolling...more

Dorsey & Whitney LLP

In One Decision, The Eleventh Circuit Creates Two Circuit Splits

by Dorsey & Whitney LLP on

Rejecting the views of the Fourth and Tenth Circuits, the Eleventh Circuit held the FCA’s three year statute of limitations period in § 3731(b)(2) applies to a relator’s claim even when the United States declines to...more

White and Williams LLP

Supreme Court Holds That the Tolling Statute Applicable to State Law Claims Subject to Federal Supplemental Jurisdiction Stops the...

by White and Williams LLP on

Under 28 U.S.C. § 1367(a), a plaintiff may bring strictly state-based claims in federal district court if they are related to a claim over which the district court has original jurisdiction. This is more commonly known as...more

Carlton Fields

Plaintiffs’ Notice That the ‘Taxman Cometh’ Was Sufficient to Trigger Statute of Limitations

by Carlton Fields on

In a November 16, 2017 ruling, a California appellate court affirmed a summary judgment ruling in favor of several financial advisors, and insurer American General Life Insurance Company, holding that plaintiffs’ fraud and...more

Bass, Berry & Sims PLC

Chris Lazarini Examines Statute of Limitations Related to Breach of Fiduciary Duty

by Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini examined a case of alleged breach of trust and breach of fiduciary duty against a bank acting as the indenture trustee related to a foreclosure action on defaulted mortgage revenue...more

Reminger Co., LPA

For Whom the Agreement Tolls: Tolling Agreements May Not Toll Claims Against Non-Signatory Defendants

by Reminger Co., LPA on

In Seniah Corp. v. Buckingham, Doolittle & Burroughs, LLP, Ohio’s Fifth District Court of Appeals ruled in favor of a defendant attorney because the legal malpractice claims at issue—which are subject to a one-year statute of...more

Holland & Knight LLP

Texas Court: Service of Process for Civil Suits Must Occur Within Statute of Limitations - Or Plaintiff Must Demonstrate Diligence...

by Holland & Knight LLP on

• Under Section 16.003 of the Texas Civil Practice and Remedies Code, a plaintiff must "bring suit" on claims for, among other things, personal injury or wrongful death within a two-year statute of limitations. • In a...more

Reminger Co., LPA

Indiana Court of Appeals: Continuous Representation Doctrine Does Not Apply to Financial Professionals

by Reminger Co., LPA on

In a pair of rulings issued within a month of each other, the Indiana Court of Appeals has held that the Continuous Representation Doctrine (the “CRD”) does not toll the statute of limitations for client claims against...more

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Weighs In On Circuit Split Regarding CERCLA Contribution Claims After Settlement and The Statute of Limitation

Asarco, LLC v. Atlantic Richfield Company, 866 F.3d 1108 (9th Cir. 2017). In a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) contribution case, the Ninth Circuit addressed three issues of...more

Murtha Cullina

Watch the Calendar When Considering Claims in Connection With a Family-Owned Business

by Murtha Cullina on

Shareholders of family-owned businesses sometimes assert claims of misconduct against their co-owner relatives. These claims can take the form of oral complaints or written claim letters. ...more

Carlton Fields

Following Cunningham, Pennsylvania District Court Finds Captive Reinsurance Putative Class Action Claims Are Time-Barred

by Carlton Fields on

In this putative class action, plaintiffs alleged unlawful practices related to mortgage insurance practices, including a violation of the Real Estate Settlement Procedures Act of 1974 (“RESPA”). ...more

Weiner Brodsky Kider PC

U.S. Supreme Court Decides Tolling Provision Stops the Clock

by Weiner Brodsky Kider PC on

The U.S. Supreme Court recently held, in a 5-4 decision, that the federal supplemental jurisdiction statute’s tolling provision stops the clock on the statute of limitations for state claims joined with a federal claim during...more

Holland & Knight LLP

Massachusetts Highest Court Clarifies When Claims for Permanent Property Damage Under Chapter 21E Accrue

by Holland & Knight LLP on

On Jan. 19, 2018, the Massachusetts Supreme Judicial Court (SJC) issued a decision in Grand Manor Condominium Association v. City of Lowell, 2018 WL 473078, which clarified, and some would say "changed," when a claim for...more

Jones Day

Supreme Court Rules Pending Federal Action Stops the Clock on State Limitation Periods

by Jones Day on

On January 22, 2018, the U.S. Supreme Court held in Artis v. District of Columbia, No. 16-640, that 28 U.S.C. § 1367(d) suspends the statutes of limitations on state law claims while those claims are pending in federal court....more

Proskauer - Minding Your Business

Supreme Court Takes its Toll: Holds that Statute of Limitations for State Claims Stops While in Federal Court

On January 22, 2017, the U.S. Supreme Court issued its first 5-4 merits decision of the term in Artis v. District of Columbia. In this opinion, the Court held that bringing state claims in federal court stops the clock on the...more

Sherman & Howard L.L.C.

No End in Sight – Prepare for Years of Litigation

by Sherman & Howard L.L.C. on

The United States Supreme Court gave plaintiffs an undisputed win on Monday when it decided Artis v. District of Columbia. In a 5-4 decision, the Court held that when a plaintiff brings both state and federal law claims in...more

Robins Kaplan LLP

SCOTUS Stops the Clock on State Claims in Federal Court

by Robins Kaplan LLP on

On January 22, 2018, the Supreme Court issued a 5-4 opinion in Artis v. District of Columbia, Case No. 16-460, clarifying the application of 28 U.S.C. section 1367(d)....more

Fisher Phillips

SCOTUS Ruling Helps Plaintiffs Get Second Bite At The Apple Through Supplemental State Claims

by Fisher Phillips on

In a 5 to 4 decision, the U.S. Supreme Court ruled today that any statute of limitations applicable to an employee’s state law claims are suspended during the pendency of a federal lawsuit in which the state law claims are...more

Weiner Brodsky Kider PC

3rd Circuit Holds Delaware Tolling Statute Does Not Apply to Out-of-State Resident Subject to Service of Process

by Weiner Brodsky Kider PC on

The U.S. Court of Appeals for the Third Circuit recently held that under Delaware law, a debtor’s out-of-state residency alone did not toll the Delaware statute of limitations. The Third Circuit overturned the U.S. District...more

Carlton Fields

Based on Principles of Fairness, Court Dismisses Putative Class Action RICO Claims Asserted Years After Initiation of Suit

by Carlton Fields on

In Robertson v. SunLife Financial, a federal district court in Louisiana dismissed with prejudice as time-barred an amended putative class action complaint alleging RICO and state racketeering claims related to alleged...more

Proskauer - Minding Your Business

The Eighth Circuit Reignites Claims of Continuing Conduct in Propane Tank Conspiracy

A split Eighth Circuit recently reversed a prior panel ruling and reignited antitrust claims against distributors of pre-filled propane tanks. The 5-4 majority cited the 1997 Supreme Court decision Klehr v. A.O. Smith Corp....more

Patterson Belknap Webb & Tyler LLP

Eighth Circuit Applies Continuing Violation Doctrine to Extend Statute of Limitations for Sherman Act Claims

Recently in In re Pre-Filled Propane Tank Antitrust Litigation, an en banc panel of the Eighth Circuit clarified the application of the continuing violation exception to the statute of limitations for claims under the Sherman...more

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JD Supra Privacy Policy

Updated: May 25, 2018:

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Updates to This Policy

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