News & Analysis as of

Tolling Dismissals

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

Foley Hoag LLP

Product Liability Update - May 2020

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Foley Hoag LLP publishes this quarterly Update primarily concerning developments in product liability and related law from federal and state courts applicable to Massachusetts, but also featuring selected developments for New...more

Dorsey & Whitney LLP

Supreme Court Settles Circuit Split and Reads the False Claims Act Statute of Limitations Provision Broadly in Boon to Relators

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On May 13, 2019, the U.S. Supreme Court decided Cochise Consultancy, Inc. v. United States ex rel. Hunt, No. 18–325, and resolved a circuit split regarding the statute of limitations for an FCA claim brought by a relator...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending April 26, 2019

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Real Property Update - • Foreclosure / Reverse Mortgage / Condition Precedent: bank failed to establish that the subject property was not the principal residence of surviving co-borrower under its reverse mortgage, a...more

White and Williams LLP

Arbitration: For Whom the Statute of Limitations Does Not Toll in Pennsylvania

In Morse v. Fisher Asset Management, LLC, 2019 Pa. Super. 78, the Superior Court of Pennsylvania considered whether the plaintiff’s action was stayed when the trial court dismissed the plaintiff’s complaint after sustaining...more

Vedder Price

TCPA Case Law Review (Vol. 8)

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Although there have not been any groundbreaking cases to start the new year, 2019 is off to a good start for the TCPA defense bar. Several courts have denied class certification in putative TCPA class actions while other...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Louisiana Court Clarifies Prescriptive Period Under State Employment Discrimination Law

The Louisiana First Circuit Court of Appeal recently ruled that the statute of limitations under Louisiana’s anti-discrimination law is only tolled during the pendency of an administrative or investigative review, not 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...

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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

Akin Gump Strauss Hauer & Feld LLP

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

Jones Day

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

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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

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

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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

Foley & Lardner LLP

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

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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

A&O Shearman

Third Circuit Holds That Statutes Of Limitation May Be Tolled By Books-And-Records Demands Under Delaware Law Despite Inquiry...

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On June 13, 2017, Chief Judge Smith of the United States Court of Appeals for the Third Circuit reversed in part the District Court’s dismissal of claims for breach of contract as untimely. Norman v. Elkin, No. 16-1924 (3d...more

Womble Bond Dickinson

Inapplicability of the "One Year" Limitations Tolling Period of the N.C. Rules of Civil Procedure

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In Murphy v. Hinton, No. COA14-1230 (July 7, 2015), the North Carolina Court of Appeals determined that a complaint dismissed voluntarily cannot benefit from the "one-year refiling" period pursuant to Rule 41(a)(1) of the...more

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