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Breach of Contract › Statute of Limitations › Business Litigation

Carlton Fields

Florida Appeals Court Decisions Week of May 19 - 23, 2025

Carlton Fields on

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

Farrell Fritz, P.C.

Premature or Untimely? Both at the Same Time? When to Sue as a General Partner

Farrell Fritz, P.C. on

Under ancient (some would argue vestigial) common-law rules of general partnerships, partners can find themselves stuck between a rock and a hard place deciding when to pull the trigger on a lawsuit....more

Offit Kurman

Suing Someone? Five Crucial Factors to Consider Before Proceeding

Offit Kurman on

So, you think you can sue. Maybe you had a contract, and the other side breached it. Or maybe someone owes you money, and you’re ready to go after them. Not so fast. Starting a lawsuit is a big step, and there are many...more

Farrell Fritz, P.C.

All You Need Is Love… And An Articulable Nexus Of Fraud

Farrell Fritz, P.C. on

What can you do when the parties you are suing are effectively judgment-proof? Oftentimes, plaintiffs will try to go after a defendant’s family member or related entity. ...more

Farrell Fritz, P.C.

“Single Breach” vs. “Continuing Wrong”; the Continuing Wrong Doctrine Prevails, Saving Plaintiff’s Claim from Dismissal

Farrell Fritz, P.C. on

A cause of action accrues, triggering the commencement of the statute of limitations period, when “all of the factual circumstances necessary to establish a right of action have occurred, so that the plaintiff would be...more

Patterson Belknap Webb & Tyler LLP

First Department Clarifies Circumstances Under Which Acknowledgment of a Debt Will Toll Limitations Period for Action to Recover...

Patterson Belknap Webb & Tyler LLP on

In Hawk Mountain LLC v. RAM Capital Group LLC, the First Department held that, under New York General Obligations Law (“G.O.L.”) § 17-101, an acknowledgment of a debt tolled the limitations period for an action to recover a...more

Herbert Smith Freehills Kramer

Addressing the Statute of Limitations in Serial Asset Sales Violating an Indenture

Herbert Smith Freehills Kramer on

Market participants invest billions of dollars each year in debt, secured and unsecured. The credit support  for the debt would be illusory without carefully crafted covenants that prevent the company from selling or...more

Morris James LLP

Delaware Supreme Court Explains Setoff And Recoupment

Morris James LLP on

This decision explains the difference between a defendant’s right of setoff and recoupment. The key difference is that the right of setoff arises out of an independent transaction, while recoupment must be based on the same...more

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