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Statute of Limitations › Equitable 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 -
McGlinchey Stafford

Court Finds TILA Statute of Limitation is Not Equitably Tolled

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On March 31, 2025, the Western District of New York dismissed a pro se plaintiff’s Truth-in-Lending Act (TILA) claim as being time-barred. In Marion v. Transitowne Jeep Chrysler Dodge Ram Williamsville, the Plaintiff...more

Robinson Bradshaw

When Does American Pipe Tolling End?

Robinson Bradshaw on

Under the American Pipe doctrine, the commencement of a class action tolls the statute of limitations for absent class members. American Pipe & Construction Co. v. Utah, 414 U.S. 538, 554 (1974). The intent of this rule is to...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

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

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

Morrison & Foerster LLP - Federal Circuitry

A Cert Grant On Veterans' Benefits And Equitable Tolling

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As Federal Circuitry readers know, the Supreme Court in recent years has granted review in many patent cases from the Federal Circuit—like last Term’s big decision in Arthrex. But the Supreme Court also takes up cases from...more

Tucker Arensberg, P.C.

Fourth Grader’s Sexual Assault Claim Preserved Until 18th Birthday

Tucker Arensberg, P.C. on

Nicole B. v. Sch. Dist. of Philadelphia, 237 A.3d 986 (Pa. 2020).  The Pennsylvania Supreme Court held that, when a fourth-grade student alleged that he was sexually assaulted in school, the 180-day period to file a claim...more

Blank Rome LLP

The Third Circuit Addresses American Pipe Tolling before a Class Certification Decision

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The Third Circuit recently issued a decision holding that putative class members can benefit from equitable tolling even before a district court decides a motion for class certification. Aly v. Valeant Pharms. Int’l. Inc.,...more

Proskauer - Whistleblower Defense

7th Circuit Affirms Denial of Equitable Tolling of Statute of Limitations Under SOX

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On March 22, 2021, the Seventh Circuit affirmed a decision by the ARB dismissing a whistleblower retaliation complaint under SOX for failure to file within the 180-day statutory deadline.  Xanthopoulos v. U.S. Department of...more

Proskauer - Whistleblower Defense

ARB Denies Equitable Tolling of 180-Day Statute of Limitations Under SOX

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On June 29, 2020, the Administrative Review Board (“ARB”) upheld the dismissal of a whistleblower retaliation complaint under Section 806 of the Sarbanes-Oxley Act (“SOX”) for failure to file within the 180-day statutory...more

Farrell Fritz, P.C.

Equitable Tolling: “Estopping” the Clock from Running on Your Claims

Farrell Fritz, P.C. on

Generally speaking, a court does not have the discretion to extend a statute of limitations.  A court can, however, consistent with its inherent equitable powers, preclude a defendant from asserting a statute of limitations...more

Proskauer - California Employment Law

Gay CHP Officer May Have Been Constructively Terminated

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Brome v. California Highway Patrol, 44 Cal. App. 5th 786 (2020) - Jay Brome sued the California Highway Patrol (“CHP”) after resigning as a law enforcement officer, claiming he had been subjected to harassment and...more

King & Spalding

District Court Rescinds Order Decertifying Class After Ninth Circuit Reversal—Despite the Supreme Court’s Determination that...

King & Spalding on

On January 8, 2020, the U.S. District Court for the Central District of California reinstated its June 2014 class certification order, holding that the named plaintiff’s full refund damages model was consistent with his...more

Payne & Fears

Key California Employment Law Cases: January 2020

Payne & Fears on

Ridgeway v. Wal-Mart, Inc., 946 F.3d 1066 (9th Cir. 2020) - The employer must pay minimum wages to employees for time spent on mandated layovers where the employer’s policy imposes constraints on employees’ movements...more

Butler Snow LLP

SCOTUS Watch Update: No “discovery rule” for Rotkiske; FDCPA one-year limitations period runs from date of violation.

Butler Snow LLP on

We noted earlier the Supreme Court’s review of the Third Circuit’s decision in Rotkiske v. Klemm regarding the statute of limitations for claims under the Fair Debt Collection Practices Act (FDCPA). Again, this was a case...more

Alston & Bird

Supreme Court Ruling Addresses FDCPA Statute of Limitations

Alston & Bird on

A&B ABstract: On December 10, 2019, the U.S. Supreme Court held that, absent the application of an equitable doctrine, the one-year statute of limitations for actions against debt collectors under the Fair Debt Collection...more

McCarter & English, LLP

US Supreme Court’s Ruling Favors Debt Collectors In Fair Debt Collection Practices Act Decision

McCarter & English, LLP on

Rotkiske v. Klemm, 589 U.S. (2019) In a recent decision, the US Supreme Court ruled that a consumer claimant under the federal Fair Debt Collection Practices Act (“FDCPA”) has one year from the alleged violation to file...more

Jones Day

Supreme Court Ruling in Statute-of-Limitations Case has Wide-Ranging Implications

Jones Day on

The Situation: The Fair Debt Collection Practices Act ("FDCPA") allows plaintiffs to sue over abusive debt-collection practices within one year of "the date on which the violation occurs." 15 U.S.C. § 1692k(d). The U.S. Court...more

Blank Rome LLP

U.S. Supreme Court Rules Statute of Limitations for FDCPA Claim Runs One Year from Alleged Violation, Not Discovery

Blank Rome LLP on

The Supreme Court of the United States (“Supreme Court”) recently affirmed the Third Circuit’s decision holding Fair Debt Collection Practices Act (“FDCPA”) claims are subject to a one-year statute of limitations from the...more

Hinshaw & Culbertson LLP

U.S. Supreme Court Resolves Circuit Split, Applies Occurrence Rule to FDCPA Statute of Limitations

Hinshaw & Culbertson LLP on

Earlier this year, this blog reported on the Supreme Court's grant of certiorari in Rotkiske v. Klemm to resolve a split in circuits on the Fair Debt Collection Practices Act's (FDCPA) statute of limitations. This week, in an...more

Ballard Spahr LLP

SCOTUS rules discovery rule does not apply to FDCPA claims

Ballard Spahr LLP on

In an 8-1 decision, the U.S. Supreme Court has ruled in Rotkiske v. Klemm that the FDCPA’s one-year statute of limitations (SOL) runs from the date of the alleged violation and not from a consumer’s discovery of the...more

Troutman Pepper Locke

U.S. Supreme Court Rejects Application of “Discovery Rule” to Statute of Limitations Under FDCPA, but Leaves Open Possibility of...

Troutman Pepper Locke on

On December 10, 2019, the United States Supreme Court issued its decision in Rotkiske v. Klemm, holding that, absent application of an equitable doctrine, the statute of limitations for a claim under the Fair Debt Collection...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Rotkiske v. Klemm, et al.

Faegre Drinker Biddle & Reath LLP on

On December 10, 2019, the Supreme Court of the United States decided Rotkiske v. Klemm, et al., No. 18-328, holding that the one-year statute of limitations set out in the Fair Debt Collection Practices Act (FDCPA) begins to...more

Sheppard Mullin Richter & Hampton LLP

Fall Season Results in California Coastal Commission Victories

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This Fall, the California Coastal Commission (“Commission”) was handed down two significant victories, further cementing its authority and jurisdiction within California coastal zones. These cases demonstrate that, in certain...more

Hudson Cook, LLP

After Oral Argument, High Court Seems Poised to Preserve FDCPA Status Quo

Hudson Cook, LLP on

In Rotkiske v. Klemm, the Supreme Court has the opportunity to do what many plaintiffs’ attorneys have dreamed of for years:  effectively expand the FDCPA’s one-year statute of limitations by applying the “discovery rule” to...more

Saul Ewing LLP

The Friday Five: Five Current ERISA Litigation Highlights – July 2019

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This month's Friday Five covers recent cases addressing: (1) the impact on the standard of review of a failure to adhere to regulatory deadlines for claims decisions; (2) foreign nationals’ ability to avail themselves of...more

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

Court: Employers Can’t Stall Subpoenas to Run out OSHA’s Enforcement Clock

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

Employers consider many factors when choosing whether to challenge investigatory subpoenas. They now have an additional consideration: whether a court might grant the Occupational Safety and Health Administration (OSHA) more...more

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