News & Analysis as of

Tolling

Skadden, Arps, Slate, Meagher & Flom LLP

The Impact of Executive Order 13924 and Its Implementing OMB Memorandum on Administrative Enforcement

In late August 2020, to little notice, the Office of Management and Budget issued a memorandum (the OMB Memorandum) that is likely to have significant implications for administrative enforcement, extending well into the Biden...more

Farrell Fritz, P.C.

Expect Careful Scrutiny of Contractually Shortened Statutes of Limitations

Farrell Fritz, P.C. on

The statutes of limitations set forth in the CPLR are default rules, and parties generally are free to modify default rules by agreement.  But statutes of limitations also further the important public interests, such as...more

Pillsbury - Gravel2Gavel Construction & Real...

A Court-Side Seat: An OSHA PSM Case, State Litigation Unmoved, New EPA Funding and Special Safety Standards for New Passenger Rail

This roundup of recent environmental and regulatory law rulings and rulemakings includes an EPA deadline extended, a NEPA exclusion and PSM application upheld, and an unsuccessful appeal to the federal officer removal...more

Holland & Knight LLP

Are New York Executive Orders a True Tolling of Statute of Limitations or Merely a Grace Period?

Holland & Knight LLP on

Every state requires a lawsuit to be filed within a given time — i.e., before the statute of limitations expires. In New York, a breach of contract action must be filed within six years of the alleged "breach." For example,...more

Shook, Hardy & Bacon L.L.P.

Surgical Robots Risk Greater Legal Costs Than You May Think

It’s no secret that defending against product liability lawsuits can be costly. But surgical robot manufacturers sometimes ask me to give them hard numbers. To read the tea leaves and estimate how much they’ll have to spend...more

Novack and Macey LLP

Failure to Return Clients’ Documents Covered by Two-Year Statute of Limitations

Novack and Macey LLP on

The law firm Deer, Stone & Maya (“DSM”) represented Carlos Rocha and Arize 11, Inc. (together “Plaintiffs”) in various matters related to their business with FedEx.  Id. at ¶13. Plaintiffs sued DSM for conversion, among other...more

Fox Rothschild LLP

Court Of Appeals Issues Appellate Jurisdiction Tour de Force

Fox Rothschild LLP on

A lot of mistakes can be fixed, but those depriving an appellate court of jurisdiction are not usually among them. Unless the appellate court deems the appeal to raise issues of great importance and to present a compelling...more

Seyfarth Shaw LLP

California Judicial Council Votes to Sunset Emergency Amendments to Rules of Court that Prevent Evictions and Judicial...

Seyfarth Shaw LLP on

As noted in prior updates, on April 6, 2020, the California Judicial Council issued emergency amendments to the California Rules of Court that, among other things, except as necessary to protect public health and safety...more

Bilzin Sumberg

Update on Opportunity to Extend Development Orders and Building Permits Pursuant to Executive Order Issued for Hurricane Isaias

Bilzin Sumberg on

As discussed  in our previous client alert, on July 31, 2020, through Executive Order 20-181, Governor DeSantis declared a state of emergency in the following counties due to the threat of Hurricane Isaias: Brevard, Broward,...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at The Ninth: Appeals Dropping Like Flies

This week, the Ninth Circuit closely guarded its own jurisdiction while putting government litigants on the back foot. Read on to find out why county jailors’ qualified immunity appeal was dismissed, and how the Court handled...more

Holland & Knight LLP

Florida's State of Emergency for Hurricane Isaias Gives Developers, Permit Holders More Time

Holland & Knight LLP on

Florida Gov. Ron DeSantis issued Executive Order 20-181 on July 31, 2020, declaring a state of emergency due to Hurricane Isaias for the following counties: The declaration of a state of emergency concerning a natural...more

Perkins Coie

Oregon COVID-19-Related Borrower Protections Signed Into Law

Perkins Coie on

Oregon Governor Kate Brown signed House Bill 4204 (HB 4204) into law on June 20, 2020. The new statute affects lenders of both commercial and residential loans secured by Oregon real estate. It requires lenders to defer loan...more

Holland & Knight LLP

Florida Extends COVID-19 State of Emergency, Providing More Time For Developers, Permit Holders

Holland & Knight LLP on

Florida Gov. Ron DeSantis issued Executive Order 20-166 on July 7, 2020, extending the declaration of a state of emergency to contain the spread of the novel coronavirus disease (COVID-19). The extension of the declaration of...more

Pierce Atwood LLP

Update: FERC Revises “Tolling” Order Language to Address Recent Court of Appeals Decision; Seeks Legislative Fix

Pierce Atwood LLP on

As discussed previously in Pierce Atwood’s Energy Infrastructure Blog, on June 30, 2020, the U.S. Court of Appeals for the DC Circuit ruled that FERC lacks authority to issue tolling orders that postpone rehearing decisions...more

Morris James LLP

CCLD Offers Guidance on the Application of Tolling Doctrines to M&A Agreement Clauses Modifying the Statute of Limitations for...

Morris James LLP on

AssuredPartners of Virginia, LLC v. Sheehan, C.A. No. N19C-02-175 AML CCLD (Del. Super. Ct. May 29, 2020) - A disgruntled buyer brought suit against its seller for breaches of representations and warranties four years...more

Morgan Lewis

DC Circuit Rejects FERC’s Use of Tolling Orders; FERC Issues Statement Asking Congress to Act

Morgan Lewis on

A decision by the US Court of Appeals for the DC Circuit on June 30 rejected the near routine use by the Federal Energy Regulatory Commission of tolling orders to prevent rehearing requests from being denied by operation of...more

Bricker & Eckler LLP

D.C. Circuit bars long-standing FERC rehearing tolling practice

Bricker & Eckler LLP on

On June 30, 2020, the U.S. Court of Appeals for the D.C. Circuit, sitting en banc, denounced the practice of the secretary of the Federal Energy Regulatory Commission (FERC) in issuing tolling orders, which provide FERC with...more

Davis Wright Tremaine LLP

D.C. Circuit Ends FERC Practice of Delaying Judicial Review Through Tolling Orders

The U.S. Court of Appeals for the D.C. Circuit, sitting en banc, has ruled that the Federal Energy Regulatory Commission (FERC) cannot delay the time for a judicial appeal by issuing a tolling order. FERC's long-standing...more

Blank Rome LLP

Breaking with Precedent, D.C. Circuit Holds FERC Lacks Authority to Issue Tolling Orders under the Natural Gas Act

Blank Rome LLP on

On June 30, 2020, the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) struck down the Federal Energy Regulatory Commission’s (“FERC” or “Commission”) practice of issuing tolling orders...more

Perkins Coie

D.C. Circuit Overturns Decades of Precedent, Finds FERC Cannot Delay Appellate Review With Tolling Orders

Perkins Coie on

On June 30, 2020, in an en banc review, the U.S. Court of Appeals for the D.C. Circuit concluded that the Federal Energy Regulatory Commission cannot delay judicial review of its decisions by issuance of tolling orders. The...more

Akin Gump Strauss Hauer & Feld LLP

D.C. Circuit Ends FERC’s Use of Tolling Orders to Delay Judicial Review, Leaves More Questions than Answers

On June 30, 2020, the U.S. Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”), sitting en banc, upended decades of Federal Energy Regulatory Commission (FERC or the “Commission”) practice. Allegheny...more

Pierce Atwood LLP

DC Circuit Rejects FERC’s Tolling Authority in Pipeline Certificate Proceedings

Pierce Atwood LLP on

The Federal Energy Regulatory Commission (“FERC”) can no longer delay judicial review of its orders under the Natural Gas Act by issuing a tolling order that takes no action on a rehearing request other than granting itself...more

Hanson Bridgett LLP

The California Court of Appeal Issues Landmark Local Government Finance Decisions

Hanson Bridgett LLP on

Key Points: California Court of Appeal issues two landmark local government finance decisions. Propositions 13 and 218 do not require two-thirds voter approval for special taxes proposed by initiative. ...more

Stoel Rives - Renewable + Law

DC Circuit Rejects FERC’s Long-Established Practice of Issuing Tolling Orders

On June 30, the DC Circuit struck down the Federal Energy Regulatory Commission’s (FERC) use of tolling orders to buy additional time in responding to requests for rehearing—a longstanding agency practice that had the effect...more

McGuireWoods LLP

D.C. Circuit Rejects FERC Tolling Order Practice

McGuireWoods LLP on

On June 30, 2020, in Allegheny Defense Project v. FERC, the U.S. Court of Appeals for the District of Columbia Circuit ruled en banc that the Natural Gas Act (NGA) does not allow the Federal Energy Regulatory Commission...more

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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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