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Statute of Limitations › Appellate Courts › Appeals

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 -
Farrell Fritz, P.C.

A Tardy Plaintiff’s Best Friend: The Open Repudiation Doctrine

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Pre-answer motions to dismiss for untimeliness are exceptionally common in business divorce litigation. Statute of limitations analysis can be deceptively simple in theory, but elusively difficult in practice, even for...more

Marshall Dennehey

Appellate Court Denies Late Notice of Claim in Mass Transit Injury Case for Lack of Extraordinary Circumstances

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Hutchins v. NJ Transit Corp. and the State of NJ, 2025 WL 18154 (App. Div. Jan. 2, 2025) - In an encouraging adherence to procedural rules, a New Jersey appellate court denied an application to file a late notice of claim...more

Carlton Fields

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

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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

CDF Labor Law LLP

PAGA Tactic Denied by Cal. Court of Appeal: Plaintiff Who Voluntarily Dismissed PAGA Claims Could Not Invoke Death Knell Doctrine...

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Last week, in Chavez v. Hi-Grade Materials Co., the California Court of Appeal took up a novel jurisdictional question: Can a putative class action plaintiff unilaterally ring the death knell for the entire class and create...more

CDF Labor Law LLP

PAGA Update: Cal. Court of Appeal Confirms PAGA Plaintiffs Must Have a Timely Individual PAGA Claim

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In a decision with important implications for many pending Private Attorneys General Act (PAGA) lawsuits, a California Court of Appeal upheld the dismissal of a representative PAGA action as untimely because the plaintiff did...more

Kohrman Jackson & Krantz LLP

Ohio Ruling Highlights Timing Importance for Naming Defendants in Injury Claims

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An recent Ohio appellate court decision reinforces a critical point for plaintiffs and a crucial defense strategy for defendants: if you don’t properly and timely name individual employees/agents in a lawsuit, you may lose...more

Freiberger Haber LLP

The Appellate Division, Second Department, Holds that Banking Law 6-l is a Personal Defense that Can Only be asserted by the...

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By: Jonathan H. Freiberger As readers of this BLOG know, we frequently write about issues relating to mortgage foreclosure. We have also written numerous articles relating to the recently enacted FAPA... ...more

Seyfarth Shaw LLP

Privacy In Focus: BIPA’s Current Landscape and the Crucial Role of Statutory Exemptions

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Throughout much of 2023, businesses found themselves in a challenging position as they continued to grapple with defending against Illinois Biometric Information Privacy (BIPA) class action lawsuits. The year began on a...more

Balch & Bingham LLP

Eleventh Circuit Court Of Appeals Decision Examines What Is Needed To Preserve An Argument For Appeal - (TRANSCRIPT)

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In this episode of Decision Dive, Balch’s Jason Tompkins, Chair of Balch & Bingham’s Issues & Appeals Practice, is joined by Robert Baxley, attorney in the firm’s Litigation Practice, to explore the Eleventh Circuit’s new...more

McDermott Will & Emery

Meaningful Statute of Limitations for Unclaimed Property Audits and Enforcement Actions? Michigan Court of Appeals Says Yes!

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On January 19, 2023, the Michigan Court of Appeals affirmed two 2022 trial court orders, holding that initiating an unclaimed property audit does not toll (or freeze) the running of the statute of limitations (time-bar) for...more

Fox Rothschild LLP

Another Smorgasbord Of Opinions From The Court Of Appeals

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On May 3, 2022, the North Carolina Court of Appeals issued a large batch of opinions. By my count, twenty-two were published and thirty were unpublished. While history may prove me wrong, none of the published opinions...more

Sheppard Mullin Richter & Hampton LLP

Illinois Appellate Court Affirms 5-Year Statute of Limitations Period for Certain BIPA Claims

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Continuing the trend of recognizing Illinois’ Biometric Information Privacy Act (“BIPA”) as a muscular privacy-protective statute, the Illinois Appellate Court for the First District has ruled that the most common statutory...more

McGlinchey Stafford

What Do I Need To Prove In Order To Enforce A Promissory Note?

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Statute of Repose- Wilson v. Durrani, Slip Opinion No. 2020-Ohio-6827 In this appeal, the Supreme Court of Ohio reversed the lower court’s decision, determining that the plaintiffs’ claims were time-barred because Ohio’s...more

Faegre Drinker Biddle & Reath LLP

Pennsylvania Appellate Court Rejects Application of the Statute of Repose in Effect in the State Where an Injury Occurred Under...

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The Pennsylvania Superior Court, the state’s mid-level appellate court, recently held in Kornfeind v. New Werner Holding Co., 2020 PA Super 266, that Pennsylvania’s “borrowing statute” applies only to foreign statutes of...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at The Ninth: Debarred and Debugged

Morrison & Foerster LLP - Left Coast Appeals on

This week, the Court knocks down a party’s argument that it was “de facto debarred” from exporting activities under the Arms Export Control Act, and explains what exactly triggers the statute of limitations in Wiretap Act...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at the Ninth: In Rem and Out of Time

Morrison & Foerster LLP - Left Coast Appeals on

This week, the Ninth Circuit creates a potential circuit split on personal jurisdiction in in rem proceedings, and clarifies whether a post-judgment motion for attorneys’ fees extends the time to appeal (spoiler alert: it...more

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