Drilling Down: Real Parties in Interest and Time Bars - Patents: Post-Grant Podcast
An employee can pursue a Private Attorneys General Act (PAGA) claim despite the fact that her individual claim against the employer is time-barred, a California appellate panel recently determined. Maxim Healthcare Services...more
In a decision that seems like to be reviewed by the California Supreme Court or rejected by other California Courts of Appeal, one of California’s appellate courts has issued a perplexing decision holding that even employees...more
In Johnson v. Maxim Healthcare Services, Inc. (“Johnson”), the California Court of Appeal, Fourth District, Division One (San Diego) held that an employee, whose individual claim is time-barred, may still pursue a...more
The federal appeals court that has jurisdiction over New York employers recently issued a decision holding that a plaintiff must plausibly allege “willfulness” to secure the benefit of the longer three-year limitations period...more
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
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
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
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