News & Analysis as of

Statute of Limitations Coronavirus/COVID-19

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 -
Fox Rothschild LLP

The One Big Beautiful Bill Act Changes Employee Retention Tax Credit Program

Fox Rothschild LLP on

While the One Big Beautiful Bill Act made headlines for tax and spending cuts, it also contains significant changes to the federal government’s treatment of COVID era Employee Retention Tax Credit (ERC) claims — many of which...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

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In an unpublished but nonetheless significant opinion, the Ninth Circuit recently affirmed the lower court’s dismissal of a consolidated lawsuit filed by SAG-AFTRA members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

McDermott Will & Schulte

Potential Refund Opportunity for Interest and Penalty Amounts Accrued During COVID-19 Federally Declared Disaster

Taxpayers who made payments to the Internal Revenue Service (IRS) that included underpayment interest and/or failure-to-file/pay penalties that accrued during all or part of the period between January 20, 2020, through July...more

Benesch

Paycheck Protection Program (“PPP”) Loan Fraud: A Survey & Analysis of Recent Civil & Criminal Enforcement Outcomes

Benesch on

The Coronavirus Aid, Relief, and Economic Security (“CARES”) Act was a federal law enacted in or around March 2020 designed to provide emergency financial assistance to the millions of Americans who were suffering the...more

Warner Norcross + Judd

Supreme Court Affirms Its Rule-making Power: COVID-19 Deadline Extensions Upheld

In a 5-2 opinion released July 29, 2024, the Michigan Supreme Court upheld its own authority to extend litigation filing deadlines during the COVID-19 pandemic. The plaintiff in Carter v. DTN Management Company, Karen...more

Fox Rothschild LLP

Employee Retention Tax Credit: Updates From Congress and the IRS

Fox Rothschild LLP on

There are several new developments in the Internal Revenue Service’s ongoing campaign to combat false and fraudulent Employee Retention Credit (ERC) claims, including an indefinite extension of the agency’s moratorium on...more

Seward & Kissel LLP

Excessive Debt Killed the Radio Star, More Mass Torts, Immune System, and Mojo Rising

Seward & Kissel LLP on

WSJ Report: Audacy Close to Filing for Bankruptcy| RadioWorld - After struggling to pay back some of its $2 billion in debt, radio broadcaster Audacy is preparing to file for bankruptcy protection according to a report in...more

Bond Schoeneck & King PLLC

The COVID Tolling Window for Personal Injury Cases Has Closed

We have reached the end of the COVID tolling window for personal injury cases. Any personal injury complaints that accrued during the 228-day tolling period from March 20, 2020, through Nov. 3, 2020, that have not yet been...more

Miles Mediation & Arbitration

A Chance for Substantial Verdicts: Recent Georgia Medical Malpractice Cases

The COVID-19 pandemic has affected every aspect of our lives, and the legal system is no exception. Court hearings went from being in-person to virtual, and court dockets swelled as cases were postponed. In 2023, the legal...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Massachusetts SJC Holds That COVID-19–Related Tolling Does Not Extend Time to File a Complaint at the MCAD

On July 11, 2023, the Massachusetts Supreme Judicial Court (SJC) declined to extend its early COVID-19 emergency orders to the time limits established for filing a complaint with the Massachusetts Commission Against...more

Rivkin Radler LLP

First, Second and Third Departments All Hold That COVID Executive Orders Tolled NY’s Statutes of Limitations

Rivkin Radler LLP on

Only weeks ago, the Appellate Division, Second Department issued its McLaughlin decision reaffirming Brash– another Second Department decision which we wrote about on August 4, 2021. As we discussed in our blurb, Brash was...more

Morgan Lewis

Biden Administration Proposes Whole-of-Government Approach to Pandemic Anti-Fraud Enforcement

Morgan Lewis on

In response to assertions that the Biden administration has not done enough to pursue pandemic-era fraud, on March 2, 2023, the White House proposed a framework for a “whole-of-government” anti-fraud effort with the US...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Revisiting Volks - Is OSHA Buying Itself More Time to Issue More Citations?

Recordkeeping under the Occupational Safety and Health (OSH) Act is often top of mind for workplace safety professionals. Under the OSH Act, employers must record injuries and illnesses resulting in medical treatment beyond...more

Holland & Knight LLP

New California Labor and Employment Laws for 2023

Holland & Knight LLP on

The California Legislature has enacted several new laws that will impact the workplace in 2023. This Holland & Knight alert provides a brief summary of select employment laws that go into effect on Jan. 1, 2023, unless stated...more

Perkins Coie

2022 California Labor, Employment, and Independent Contractor Legislative Update

Perkins Coie on

With the 2022 California legislative year closed, it is once again time to examine the new legislation that will affect entities operating within the state. Summaries of key legislation are below, with relevant action items...more

Polsinelli

President Biden Extends Statute of Limitations for PPP and EIDL Fraud to Ten Years

Polsinelli on

In August, President Biden signed two bills into law that give the Department of Justice and other federal agencies more time to investigate and prosecute Paycheck Protection Program (“PPP”) and COVID-19 Economic Injury...more

Morrison & Foerster LLP

Biden Administration Extends Statute of Limitations for PPP and EIDL Fraud to Ten Years

Two weeks ago, President Biden signed two laws extending the statute of limitations for civil and criminal fraud actions involving the Paycheck Protection Program (PPP) and Economic Injury Disaster Loans (EIDL) to ten years....more

Sheppard Mullin Richter & Hampton LLP

Statute of Limitations for PPP and EIDL Fraud Extended to Ten Years

On August 5, President Biden signed two bills into law that extend to ten years the statute of limitations for civil and criminal enforcement actions for fraud on the Paycheck Protection Program (“PPP”) and Economic Injury...more

McGlinchey Stafford

Did I waive the terms of my contract? - McGlinchey Commercial Law Bulletin - July 8, 2022

McGlinchey Stafford on

Fair Debt Collection Practices Act- In this appeal, the Court of Appeals for the Sixth Circuit reversed and remanded the District Court for the Northern District of Ohio’s decision, finding the debt collector violated the...more

J.S. Held

COVID-19’s Effects on Grand Juries, Indictments & Jeopardy to Defendants’ Rights

J.S. Held on

The COVID-19 pandemic has collided with the constitutional requirement that “infamous” crimes be charged by a grand jury. For the first time in United States history, grand juries in federal courts have been suspended because...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at The Ninth: Cancer Drugs and COVID Grants

This week, the Ninth Circuit examines what constitutes securities fraud in connection with data published from a pharmaceutical clinical trial, and decides whether Arizona has standing to challenge conditions on federal...more

Hinshaw & Culbertson - Lawyers for the...

In Unusual Ruling, Rhode Island Supreme Court Excuses Statute of Limitations Violation Because of COVID-Related Issues

The Rhode Island Supreme Court held that it would excuse a statute of limitations violation because of the unique circumstances posed by the COVID-19 pandemic. ...more

Weber Gallagher Simpson Stapleton Fires &...

Effects of Former New York Gov. Cuomo’s Executive Orders on Statutes of Limitations

On March 7, 2020, then Governor Andrew A. Cuomo issued Executive Order No. 202, declaring a disaster emergency for the entire State of New York due to COVID-19. On March 20, 2020, Executive Order No. 202.8 was issued, which...more

Snell & Wilmer

Shortages and the Arizona Purchaser Dwelling Action Act

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The Arizona Purchaser Dwelling Actions Act (“PDA”) provides construction professionals with an opportunity to remedy an alleged defect before a homeowner may file a lawsuit. When faced with an alleged defect, a construction...more

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