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Cause of Action Accrual Constitutional Challenges

Troutman Pepper Locke

West Virginia’s Daniel’s Law Held Facially Unconstitutional

Troutman Pepper Locke on

The decision is the first to find a Daniel’s Law unconstitutional based on First Amendment grounds and could impact ongoing litigation against hundreds of companies challenging similar laws....more

Seyfarth Shaw LLP

Cutting Off Claims – When Does the FTC Noncompete Ban Allow for Accrued Actions?

Seyfarth Shaw LLP on

The FTC’s Final Rule banning non-competes in worker agreements contains a noteworthy exception that its provisions “do not apply where a cause of action related to a non-compete clause accrued prior to the effective date.” ...more

Steptoe & Johnson PLLC

PA Supreme Court Rules Section of MCARE Act Unconstitutional

Steptoe & Johnson PLLC on

On October 31, 2019, the Supreme Court of Pennsylvania decided Yanakos v. UPMC, et al. and declared the seven-year statute of repose under the Pennsylvania Medical Care Availability and Reduction of Error (“MCARE”) Act...more

White and Williams LLP

Pennsylvania MCARE’s Statute of Repose Declared Unconstitutional

White and Williams LLP on

In Yanakos v. UPMC, the Pennsylvania Supreme Court, in a 4-3 decision, struck down the seven-year statute of repose in the Medical Care Availability and Reduction of Error (MCARE) Act as unconstitutional. MCARE’s statute of...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides McDonough v. Smith

On June 20, 2019, the United States Supreme Court decided McDonough v. Smith, No. 18-485, holding that the statute of limitations for a fabricated-evidence claim under 42 U.S.C. §1983 begins to run when the criminal...more

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