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U.S. Eleventh Circuit Court of Appeals - Middleton v. Hollywood Reporter - defamation, California limitations - Merritt Island Woodwerx v. Space Coast CU - arbitration - USA v. Doe - immigration, removal, failure to...more
On December 4, 2019, the U.S. Supreme Court heard oral argument in Intel Corp. Inv. Policy Comm. v. Sulyma, 139 S. Ct. 2692 (2019). The question presented is whether the three year limitations period in 29 U.S.C. § 1113(2),...more
The FDCPA requires that any lawsuit must be brought, if at all, “within one year from the date on which the violation” of the act occurs. 15 U.S.C. § 1692k(d). The US Supreme Court will hear argument this month in Rotkiske v....more
The Supreme Court of the United States, brushing aside the position taken by the US Patent and Trademark Office as to the suitability of this case as a vehicle for review, agreed to consider whether a petition for an America...more
We are keeping an eye on Rotkiske v. Klemm, which is currently pending at the U.S. Supreme Court. This case will likely resolve a circuit split on whether the “discovery rule” applies to toll the one-year statute of...more
Recently, the Supreme Court of the United States granted certiorari in the matter of Rotkiske v. Klemm. At issue is whether the discovery rule tolls the statute of limitations under the Fair Debt Collections Practices Act...more
The U.S. Supreme Court recently granted certiorari to resolve a split among the federal circuit courts of appeal as to when the statute of limitations begins to run for the Fair Debt Collection Practices Act. The Supreme...more
On February 25, 2019, the United States Supreme Court accepted appeal from the Third Circuit’s decision in Rotkiske v. Klemm et al., No. 16-1668 (3d Cir. May 15, 2018). The Court is now primed to answer whether the Fair Debt...more
The U.S. Supreme Court on Feb. 25, 2019, granted certiorari in a Fair Debt Collection Practices Act (FDCPA) case involving a legal issue that could dramatically expand the scope of FDCPA liability. The case, Rotkiske v....more
The U.S. Supreme Court suddenly seems to have a little time on its hands. Or at least on its mind. In two different class action cases on its docket this week, the question at hand was timeliness....more
As we predicted last year, the United States Supreme Court earlier this week granted Plaintiff's petition for certiorari in Rotkiske v. Klemm to resolve a split in the circuits on whether the statute of limitations for a Fair...more
The U.S. Supreme Court has agreed to resolve a circuit court split over whether the one-year statute of limitations (SOL) in the Fair Debt Collection Practices Act (FDCPA) runs from the date of the alleged violation or starts...more