News & Analysis as of

Statute of Limitations

Statute of Limitations refers to a statute that sets the time period during which a legal claim can be brought. Most statute of limitations laws require individuals to sue at some point during a set period... more +
Statute of Limitations refers to a statute that sets the time period during which a legal claim can be brought. Most statute of limitations laws require individuals to sue at some point during a set period usually commencing from the date of the wrong or injury or the discovery of the wrong or injury. Except for under a limited set of circumstances, if an individual does not file a suit within the specified time period, the law bars them from ever suing on that claim. less -
Lewitt Hackman

Franchisor 101: A Franchise Nondisclosure Document

Lewitt Hackman on

A California federal court denied a motion to dismiss a former franchisee’s complaint against a healthcare recruitment franchisor’s Chief Executive Officer....more

Stark & Stark

Lingering Effects of Covid-19 on New York Statutes of Limitations

Stark & Stark on

The Covid-19 pandemic feels like a lifetime ago, yet its impact on the legal system remains very much alive. Beyond remote hearings, delayed trials, and new courthouse procedures, one of the most enduring consequences is how...more

Cadwalader, Wickersham & Taft LLP

Rates Stay Steady, Markets Are Steaming— Hot Fun in the Summertime, July 2025 - SOL: Bleep Out of Luck or Statute of Limitations...

In HSBC Bank USA, N.A. v. Andrea Joy Nussinow, the Supreme Court of the State of New York denied HSBC Bank’s request to reform a residential mortgage and related foreclosure that included an incorrect legal description of the...more

Marshall Dennehey

Superior Court Reverses Dismissal, Holds Electronically Signed Praecipe Timely Filed Upon Receipt by Prothonotary

Marshall Dennehey on

Scheibe v. Woodloch Resort, 2025 Pa. Super. 109 (Pa. Super. May 20, 2025) - The Superior Court of Pennsylvania ruled that a praecipe for writ of summons was deemed to be timely filed as of the date it was initially received...more

Proskauer - California Employment Law

SAG-AFTRA Vaccine Mandate Lawsuit Rejected by Ninth Circuit

In an unpublished but nonetheless significant opinion, the Ninth Circuit recently affirmed the lower court’s dismissal of a consolidated lawsuit filed by SAG-AFTRA members against their union, finding the claims time-barred...more

Venable LLP

No Need to Notify Anew: Supreme Court Holds Premature Notice of Appeal Can Relate Forward

Venable LLP on

Missing the deadline to file a notice of appeal has severe consequences. A late notice of appeal in a civil case deprives the United States Court of Appeals of jurisdiction, meaning no appeal can take place. In the event a...more

Oliva Gibbs

A river ran through it: State v. Riemer and what happens to the mineral rights when the water runs dry

Oliva Gibbs on

Lake Meredith is a reservoir located about 30 miles northeast of Amarillo in the Texas Panhandle. It was formed when the State of Texas built the Sanford Dam on the Canadian River in 1965. When the dam was completed the...more

Troutman Pepper Locke

New York Court of Appeals to Review FAPA’s Constitutionality and Retroactive Application

Troutman Pepper Locke on

As a follow up to our May post, FAPA in the Spotlight Again: Second Circuit Renews Call for NY Court of Appeals Review, the New York Court of Appeals has finally agreed to consider New York’s Foreclosure Abuse Prevention...more

Faegre Drinker Biddle & Reath LLP

Tort Reform is Top of Mind in 2025: Legislative Updates in Georgia, South Carolina, Louisiana and Arkansas

The American Tort Reform Foundation’s list of “Judicial Hellholes” often are all-too-familiar jurisdictions for product liability defendants. Some states who are home to these infamous venues, often known for producing...more

Gray Reed

Limitations and Standing to Sue Dry Up Landowners’ Claim to Texas Riverbed

Gray Reed on

State of Texas. V. Reimer et al. studied lawyer-nerdy questions of standing to bring a lawsuit and statutes of limitations as applied to inverse condemnation suits.  Spoiler alert: To the chagrin of the landowners, waiting...more

Zelle  LLP

Court Grants Insurer’s Motion for Summary Judgment on Nearly All of Insureds’ Causes of Action

Zelle LLP on

Schnatzmeyer v. State Farm Ins. Co., No. 3:23-CV-02820-K, 2025 WL 1697505, at *1 (N.D. Tex. June 17, 2025). In a case involving two overlapping freeze claims—and a substantial array of legal issues affecting insurers in...more

Goldberg Segalla

California Jury Returns Defense Verdict in Asbestos Pipe Trial Featuring Kidney Cancer Claim Preclusion

Goldberg Segalla on

Court: Superior Court of California, County of Alameda - On June 15, 2023, plaintiffs Alvarino and Dianna J. DaSilva first filed an asbestos action in the Alameda County, Calif., Superior Court, alleging that Alvarino DaSilva...more

Searcy Denney Scarola Barnhart & Shipley

Can a Personal Injury Case Turn into a Wrongful Death Claim?

It is never easy to lose a family member, but the loss is much more painful when the death of a loved one could have been prevented if someone had only acted responsibly. When another person’s failure to act responsibly...more

Hinshaw & Culbertson - Consumer Crossroads

Recent Cases Offer Instruction for Lenders on Avoiding FAPA Estoppel in Foreclosure or Quiet Title Actions in New York

Under the Foreclosure Abuse Prevention Act (“FAPA”), effective as of December 30, 2022, a lender in a New York foreclosure or quiet title action can be estopped from asserting that the subject mortgage loan was not validly...more

Dickinson Wright

Start the Clock—The Case for Including Contractual Limitations Periods in Employment Agreements.

Dickinson Wright on

Contractual limitations periods provide parties on both sides of an agreement certainty regarding the filing of a potential action. But many employers do not know that they may include such contractual limitations periods in...more

Epstein Becker & Green

Maryland Legislature Slashes Child Victims Act Damages Cap by More than 50%

Epstein Becker & Green on

In 2023, the Maryland General Assembly passed the Maryland Child Victims Act of 2023 (“CVA”) to expand claimants’ ability to file and seek damages for alleged child sexual abuse cases, following the trend initiated by other...more

Weintraub Tobin

The Briefing: The Supreme Court Dodges the Discovery Rule Question—What That Means for Copyright Enforcement

Weintraub Tobin on

The Supreme Court sidestepped a major copyright showdown—again. What does it mean when infringement claims surface decades later? In this episode of The Briefing, Scott Hervey and Tara Sattler break down the latest in the...more

Wiley Rein LLP

SEC Tolling Request Not a Securities Claim Against Insured Company Under D&O Policy

Wiley Rein LLP on

A Delaware Superior Court, applying Delaware law, has held that the United States Securities and Exchange Commission’s (“SEC”) request to toll the statute of limitations did not constitute a “Securities Claim” under a D&O...more

Fisher Phillips

Maine’s Highest Court Narrows Scope of Continuing Violation Doctrine in Discrimination Claims

Fisher Phillips on

The Maine Supreme Judicial Court just handed employers a win by narrowing the application of the “continuing violation” doctrine in discrimination claims under the state’s primary anti-bias law. This doctrine permits...more

Kaufman & Canoles

Title Insurance Client Alert - Important Court of Appeals of Virginia Opinion Concerning the Ownership and Use of Certain...

Kaufman & Canoles on

Last week, the Court of Appeals of Virginia issued a significant 24-page opinion in David Tidwell, et al. v. Kenneth. M Goldsmith, et al., Record No. 0629-24-1 and Record No. 0666-24-1, in consolidated cases concerning the...more

JUSTICENTER

Product Liability: What It Means and How to Pursue a Claim 

JUSTICENTER on

When we buy a product, we expect it to work properly and keep us safe. However, some products cause serious injuries because of poor design, production errors, or missing warnings. This is where product liability law comes...more

Auger Hollingsworth

When Should You Contact a Personal Injury Lawyer After an Accident in Toronto?

Auger Hollingsworth on

If you’ve been injured in a car accident or slip and fall in Toronto, you may wonder: “Do I need a lawyer?” and “When should I contact one?” These are smart questions—and the answers can directly affect both the outcome of...more

White and Williams LLP

Out of Sight, Out of Mind: Texas Court Finds Construction Defect Claims Were Inherently Undiscoverable, Tolls Statute of...

In Morningside Ministries v. Koontz McCombs Construction, Ltd., No. 08:23-00332-cv, 2025 Tex. App. Lexis 3584 (Morningside), the Court of Appeals of Texas (Court of Appeals) considered whether the plaintiff’s construction...more

Fisher Phillips

End of NY Legislative Session Leaves Employers Watching Key Workplace Bills

Fisher Phillips on

New York’s two-year 2025-2026 legislative session hit its midpoint in June, with lawmakers wrapping up the first year by passing a slew of workplace-related bills that now await action from Governor Hochul. As federal labor...more

Gordon Rees Scully Mansukhani

Virginia’s Often Overlooked Accelerated Statute of Limitations in Breach of Trust Claims

Under Virginia law, when a party is considering filing a lawsuit, the most important thing to consider is whether or not the cause of action that is the basis for the lawsuit is time-barred. This is determined by the...more

3,348 Results
 / 
View per page
Page: of 134

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide