News & Analysis as of

Tolling

For Whom the Statute Tolls: It Tolls For Thee – Chavez v. Occidental Chemical Corp. – New York Federal District Court Tolls New...

by K&L Gates LLP on

On January 10, 2018, Judge Paul Engelmayer of the United States District Court for the Southern District of New York held that plaintiffs who were allegedly injured between 1965 and 1990 on banana plantations outside the...more

False Claims Act Circuit Splits—FCA Issues That May Soon Reach The Supreme Court Or Lead To Congressional Amendment

• Under the FCA there are multiple circuit court splits related to how power should be allocated between the United States and the relator and whether the relator has contributed sufficient value to merit obtaining a...more

SCOTUS Gives Pendent State Law Claims New Life in Artis v. District of Columbia

by Blank Rome LLP on

Recently, in Artis v. District of Columbia, the Supreme Court ruled on the nagging question of how long a plaintiff has to refile a pendent state law claim in state court after it has been dismissed by a federal court. The...more

Web Exclusive: January 2018: The Top 18 Labor And Employment Law Stories

by Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there were an unprecedented number of changes each month in 2017—and if January is any...more

FRANCHISEE 101: Out of Time, Out of Gas

by Lewitt Hackman on

A California federal judge held that breach of contract claims brought by franchisees of two ARCO-branded gas stations against their franchisor BP West Coast Products were untimely, and declined to adopt the franchisees'...more

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

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

2017-18 Supreme Court Update

In the 2017-18 term, the U.S. Supreme Court will decide a number of potentially significant disputes relevant to businesses, including those involving constitutional protections, class actions and other corporate liability...more

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

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

A Look Back at Significant Developments in Class Action Law in 2017

From the standpoint of class action practice, 2017 was as important for what did not happen as for what did. Here are some of the highlights and lowlights of the 2017 class action scorecard, with a look forward to how the...more

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

Artis v. D.C.: SCOTUS Explains How § 1367(d) Stops the Clock

by Foley & Lardner LLP on

The federal supplemental jurisdiction statute, 28 U.S.C. § 1367, allows a litigant with a federal claim to bring into federal court with it any state claims that are so related to the federal claim that they “form part of the...more

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

For Whom the Class Action Tolls: American Pipe to be Revisited

by Polsinelli on

The United States Supreme Court recently granted certiorari in a significant case that will test the limits of class action tolling. Since 1974, federal courts have held that the filing of a class action tolls the statute...more

U.S. Supreme Court To Rule On Application Of American Pipe Tolling Decision On Class Actions

by Jackson Lewis P.C. on

Earlier this month, the U.S. Supreme Court granted certiorari to China Agritech, Inc., a fertilizer manufacturer, from the Ninth Circuit’s decision in Resh v. China Agritech, Inc., 857 F.3d 994 (9th Cir. 2017). In reviewing...more

For Whom the Pipe Tolls: SCOTUS to Decide Whether American Pipe Tolling Applies to “Piggyback” Class Actions

Federal courts generally agree that when certification of a class action is denied or the case is dismissed, the statute of limitations on the claim asserted on behalf of the would-be class is deemed to have been tolled...more

The U.S. Supreme Court to Clarify the Application of American Pipe Tolling to Class Actions

• The U.S. Supreme Court granted a certiorari petition filed by China Agritech from the 9th Circuit’s decision in Resh v. China Agritech, Inc., 857 F.3d 994 (9th Cir. 2017). The Court will clarify whether its landmark ruling...more

The U.S. Supreme Court Grants Class Defendants’ Petition For Certiorari In Ninth Circuit American Pipe Tolling Case (Resh V. China...

As we discussed at length last June [Ninth Circuit extends tolling doctrine to allow successive class actions, subject only to preclusion and “comity” defenses], the Ninth Circuit in Resh v. China Agritech, Inc., 857 F.3d...more

Supreme Court Agrees to Decide Whether Statute of Limitations Bars Successive Class Actions

by Ballard Spahr LLP on

In China Agritech, Inc. v. Resh, the U.S. Supreme Court has agreed to decide an important and recurring class action issue that has divided the courts of appeals—does the tolling of the statute of limitations for class...more

Seventh Circuit: American Pipe Tolling Stops When A Class Action Is Dismissed – With Or Without Prejudice – Before A Class Is...

Takeaway: In Collins v. Village of Palatine, Ill., — F.3d —, 2017 WL 5490819, at *1 (7th Cir. November 16, 2017), the Seventh Circuit announced a “simple and uniform” rule for determining when a once-tolled statute of...more

Seventh Circuit: Class Action Limitations Tolling Stops Upon Dismissal, Regardless of Appeal

by Ballard Spahr LLP on

Addressing the often confusing issue of when class action tolling ends, in Collins v. Village of Palatine, the U.S. Court of Appeals for the Seventh Circuit announced the adoption of a simple and uniform rule: The...more

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

by Carlton Fields on

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

Taking A Toll: The Effect Of Post-Judgment Motions On Appeal Deadlines

by Carlton Fields on

Counsel contemplating an appeal often depend on the “tolling” effect of authorized post-judgment motions, which can extend an otherwise-applicable appeal deadline. In particular, in most federal civil cases, the appellant has...more

Business Litigation Report - September 2017

September 2017: An Update on UK Tax Disputes Including the New UK Corporate Criminal Offense: What Is It and What Should You Do About It? - Introduction - Across the world, tax authorities are becoming more aggressive...more

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