News & Analysis as of

Statute of Limitations Coronavirus/COVID-19 Tolling

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 -
Stark & Stark

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

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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

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

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

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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

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

Holland & Knight LLP

New California Labor and Employment Laws for 2022

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The California Legislature has enacted several new laws that will impact the workplace in 2022. This Holland & Knight alert provides a brief summary of select employment laws that went into effect on Jan. 1, 2022, unless...more

Epstein Becker & Green

Supreme Judicial Court Clarifies Breadth of COVID-19 Tolling Order

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Supreme Judicial Court Clarifies Breadth of COVID-19 Tolling Order - During the early days of the COVID-19 pandemic, the Supreme Judicial Court of Massachusetts (“SJC”) entered an order tolling the statutes of limitations...more

Sullivan & Worcester

For Whom the Limitations Period Tolls: The SJC Imposes 106 More Days of Potential Liability on Defendants

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In a decision dated September 3, 2021, the Massachusetts Supreme Judicial Court (SJC) solidified the broad reach of its emergency tolling orders. Through a series of emergency orders in the early months of the COVID-19...more

Tarter Krinsky & Drogin LLP

New York Tolls Legal Deadlines In Response to COVID-19

One of the many lasting impacts of the COVID-19 pandemic is the lengthy tolling of statutes of limitations and legal deadlines. On March 20, 2020, Governor Cuomo issued Executive Order No. 202.8 to extend deadlines “for the...more

Rivkin Radler LLP

Update: Gov. Cuomo’s Executive Orders Tolled NY’s Limitation Periods

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In April 2020, in an article entitled, “Coronavirus and Statutes of Limitations in New York: A Lingering Effect?”, we discussed Governor Cuomo’s Executive Order 202.8, issued in the first year of the Covid-19 pandemic. We...more

Sheppard Mullin Richter & Hampton LLP

The Second Department Weighs in on Tolling vs. Suspension of Statutes of Limitation Pursuant to Governor Cuomo’s COVID-era...

In “Governor Cuomo’s “Tolling” of New York Statutes of Limitation Has Ended, But What Did It Accomplish?”, we examined the debate surrounding whether Governor Cuomo’s Executive Order No. 202.8 and subsequent orders up to and...more

Sheppard Mullin Richter & Hampton LLP

Governor Cuomo’s “Tolling” of New York Statutes of Limitation Has Ended, But What Did It Accomplish?

Statutes of limitation were “tolled” in New York by Executive Order No. 202.8, issued by Governor Andrew M. Cuomo on March 20, 2020 in response to the COVID-19 pandemic. Over the next six-and-a-half months, that toll was...more

Holland & Knight LLP

Are New York Executive Orders a True Tolling of Statute of Limitations or Merely a Grace Period?

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Every state requires a lawsuit to be filed within a given time — i.e., before the statute of limitations expires. In New York, a breach of contract action must be filed within six years of the alleged "breach." For example,...more

Seyfarth Shaw LLP

California Judicial Council Votes to Sunset Emergency Amendments to Rules of Court that Prevent Evictions and Judicial...

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As noted in prior updates, on April 6, 2020, the California Judicial Council issued emergency amendments to the California Rules of Court that, among other things, except as necessary to protect public health and safety...more

PilieroMazza PLLC

New Judicial Order Offers Clarity on Maryland Statutes of Limitations Impacted by COVID-19

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Early during the COVID-19 pandemic, a number of state-level court systems, including Maryland’s courts, declared judicial emergencies and issued orders automatically tolling, or postponing, the expiration of statutes of...more

Perkins Coie

Judicial Council Shortens Tolling Period for Statutes of Limitations

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As we previously reported, on April 6, 2020, the California Judicial Council adopted an emergency rule suspending (or “tolling”) the running of statutes of limitations on civil claims during the state of emergency declared by...more

Holland & Knight LLP

Judicial Council Ends Tolling of Statute of Limitations to Bring Civil Suits, Effective Aug. 3

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The California State Judicial Council amended California Rule of Court, Emergency Rule No. 9, on May 29, 2020, lifting its previously adopted indefinite tolling of the limitation period to bring civil lawsuits. The amended...more

Sheppard Mullin Richter & Hampton LLP

Judicial Council Amends Tolling Period for Statutes Limitations Impacted by COVID-19

On April 6, 2020, the California State Judicial Council adopted Emergency Rule 9 in response to the COVID-19 pandemic. As originally approved, the rule tolled the statute of limitations for all civil causes of action from...more

Coblentz Patch Duffy & Bass

Land Use Litigation Statute of Limitations Tolling Period to End on August 3, 2020

On May 29, 2020, the Judicial Council of California amended Rule No. 9 of its COVID-19 emergency regulations to add certainty and to shorten the tolling period for civil causes of action subject to statutes of limitation of...more

Beveridge & Diamond PC

COVID-19 Impacts in Massachusetts: Tolling of Statutes of Limitations Ends June 30

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As Massachusetts continues cautiously through Phase 1 of its reopening plan, the Massachusetts Supreme Judicial Court (SJC) extended courthouse closures until July 1 but announced an end to the tolling of civil statutes of...more

Perkins Coie

California Courts May Shorten Tolling of Limitations Periods in Land Use Cases Under Emergency Rule

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On April 6, 2020, the California Judicial Council adopted Emergency Rule 9, which tolled statutes of limitations on civil causes of action for the duration of the state of emergency declared by Governor Newsom on March 4,...more

McDermott Will & Schulte

COVID-19 Impact on Statutes of Limitations and Timing for Other Filings

To help potential litigants evaluate how various executive orders may impact their filing deadlines, we examine executive orders in New York, and other select states, tolling the statute of limitations. This article also...more

Skadden, Arps, Slate, Meagher & Flom LLP

Checking In With Delaware Courts Amid the COVID-19 Crisis

While Delaware’s “stay at home” order remains in place amid the COVID-19 pandemic, the Delaware Supreme Court and Court of Chancery are still operational, and legal services providers, which are deemed “essential,” may...more

A&O Shearman

New York State Trial Courts Loosen COVID-19 Emergency Restrictions On Court Filings

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On April 30, 2020, the Chief Administrative Judge of the New York State Courts issued a Memorandum lifting some of the prior restrictions put in place concerning court filings and other activities in New York State trial...more

Beveridge & Diamond PC

COVID-19 Impacts on Legal System, Business, and Environmental Compliance in Massachusetts (Updated)

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The impacts of the new coronavirus and COVID-19 have been swift across government, business, and everyday lives, resulting in shuttered businesses and remote working, a shock to the stock market, and a wide variety of...more

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