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Statute of Limitations › Appeals › Corporate Counsel

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 -
Kilpatrick

“No-poach” class actions: Fourth Circuit reinstates naval engineers’ Sherman Act claims against shipbuilders

Kilpatrick on

Takeaway: We have written about “no-poach” class actions, in which employers allegedly conspire not to recruit or hire each other’s employees with the intent of driving down wages. See Eleventh Circuit reinstates no-hire...more

McGlinchey Stafford

Sixth Circuit Clarifies CERCLA Statute of Limitations

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On May 12, 2025, the U.S. Court of Appeals for the Sixth Circuit issued a pivotal decision addressing the timing of contribution claims under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA),...more

Ervin Cohen & Jessup LLP

California Court of Appeal Rejects "Headless" PAGA Claims in Williams v. Alacrity Solutions Group

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In a significant development for California employers, the Court of Appeal in Williams v. Alacrity Solutions Group, LLC recently affirmed the dismissal of a Private Attorneys General Act (“PAGA”) claim brought solely on...more

McDermott Will & Schulte

It’s All Grecco to Me: No “Sophisticated Plaintiff” Exception to Discovery Rule

McDermott Will & Schulte on

In a case of first impression, the US Court of Appeals for the Second Circuit held that there is no “sophisticated plaintiff” exception to the Copyright Act’s discovery rule, which provides that a copyright claim only accrues...more

McDermott Will & Schulte

Out of Tune: Eleventh Circuit Permits Retrospective Relief for Timely Copyright Claims under Discovery Rule

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The US Court of Appeals for the Eleventh Circuit furthered a circuit split in holding that, as a matter of first impression, a copyright plaintiff’s timely claim under the discovery rule is subject to retrospective relief for...more

ArentFox Schiff

In Government Contracting Dispute, 11th Circuit Affirms $2M Verdict for Breach of Teaming Arrangement and Revives $100M Trade...

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Last week, the US Court of Appeals for the Eleventh Circuit affirmed a $2 million jury verdict against Boeing in a breach of contract suit by Alabama Aircraft Industries, Inc. (AAI), a former government contracting partner,...more

Seyfarth Shaw LLP

The Illinois Appellate Court Issues Key Ruling On Statute Of Limitations In BIPA Class Actions

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Seyfarth Synopsis: On September 17, 2021, the Illinois Appellate Court issued its highly-anticipated decision in Tims v. Black Horse Carriers, Inc., 2021 IL App (1st) 200563 (1st Dist. Sept. 17, 2021), on whether a one-year...more

Holland & Knight LLP

Sixth Circuit Offers Guidance to Distinguish Single Continuing Misappropriation Claim from Multiple Claims

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In B&P Littleford, LLC v. Prescott Mach., LLC, No. 20-1449, 2021 WL 3732313 (6th Cir. Aug. 24, 2021) (unpublished), the U.S. Court of Appeals for the Sixth Circuit recently provided guidance as to factors courts should...more

Perkins Coie

Illinois Supreme Court Affirms BIPA Lawsuits Are Covered by GL Policies

Perkins Coie on

The deluge of lawsuits brought under the Illinois Biometric Information Privacy Act (BIPA), 740 ILCS 14 et seq. over the past several years has presented a challenge to companies operating in Illinois. Not surprisingly,...more

Fisher Phillips

SCOTUS ERISA Ruling May Open Floodgates For Increased Lawsuits

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In a unanimous decision, the Supreme Court just declined to limit the timeframe in which disgruntled employees could bring suit challenging the investment decisions made by plan fiduciaries. While the Employee Retirement...more

Skadden, Arps, Slate, Meagher & Flom LLP

Supreme Court Rules That Pending Class Actions Do Not Toll Limitations Period for Subsequent Class Actions

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In China Agritech v. Resh, No. 17-432 (June 11, 2018), the U.S. Supreme Court held yesterday that a pending class action does not toll the statute of limitations for absent class members who bring a subsequent class action....more

Fisher Phillips

Web Exclusive: January 2018: The Top 18 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there were an unprecedented number of changes each month in 2017—and if January is any...more

Ballard Spahr LLP

Seventh Circuit: Class Action Limitations Tolling Stops Upon Dismissal, Regardless of Appeal

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Addressing the often confusing issue of when class action tolling ends, in Collins v. Village of Palatine, the U.S. Court of Appeals for the Seventh Circuit announced the adoption of a simple and uniform rule: The...more

Jones Day

Expanded PTO Panels and Improper Joinder: The Federal Circuit Fires a Warning Shot

Jones Day on

The Federal Circuit’s decision in Nidec Motor Corp. v. Zhongshan Broad Ocean Motor Co., (Fed. Cir. No. 16-2321), expresses a growing discomfort with the Patent Office’s practice of joinder and expanded panels....more

Zuckerman Spaeder LLP

A Bitter Pill for Ex-Rite Aid GC: Delaware Court Finds His 2015 Suit for Indemnification Untimely

Zuckerman Spaeder LLP on

Remember 2002? That year, A Beautiful Mind won best picture, and the University of Maryland won the NCAA basketball tournament. It is also the year that Rite Aid and its former General Counsel, Franklin Brown, began...more

Morrison & Foerster LLP

Eleventh Circuit Limits SEC’s Ability to Seek Disgorgement or Declaratory Relief for Conduct Occurring More Than Five Years Before...

Morrison & Foerster LLP on

On May 26, 2016, the United States Court of Appeals for the Eleventh Circuit issued an important decision regarding the applicability of 28 U.S.C. § 2462, the five-year statute of limitations governing SEC enforcement actions...more

Maynard Nexsen

Cutting Through the Constitutionality Haze in the Battle Between PHH Corporation and the Consumer Financial Protection Bureau

Maynard Nexsen on

So much has been written in recent weeks about the battle between PHH Corporation and the Consumer Financial Protection Bureau in the U.S. Court of Appeals for the D.C. Circuit. The panel heard oral argument on April 12,...more

K&L Gates LLP

D.C. Circuit Appears Poised to Overturn First CFPB Enforcement Action to Reach the Court: Five Key Takeaways From Yesterday’s Oral...

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Major financial firms almost never litigate with their regulators. As a result, regulators often take aggressive enforcement positions with little fear of judicial scrutiny. That’s been especially true for the Consumer...more

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