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Statute of Limitations › New Jersey

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 -
Lowenstein Sandler LLP

New Jersey Appellate Division Decision Creates Risk That NJDEP May Be Able To Revive Time-Barred Claims for Investigation and...

Lowenstein Sandler LLP on

On April 25, the New Jersey Superior Court Appellate Division reversed a trial court’s order dismissing the New Jersey Department of Environmental Protection’s (NJDEP) complaint as time-barred in NJDEP v. Desai. The ruling...more

McCarter & English, LLP

N.J. Appellate Division Affirms Tax Court, Denies Taxpayer’s Statute of Limitations Argument Regarding Responsible Person Tax...

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On February 5, 2025, the New Jersey Appellate Division released a decision in the matter of Christopher Gill v. Director (Docket No. A-3116-22), affirming the tax court’s holding that the state is not subject to a separate...more

Marshall Dennehey

New Jersey Appellate Division Addresses the Statute of Limitations Accrual Date in a Constructive Discharge Claim Brought Under...

Marshall Dennehey on

Andriani v. Hudson Cnty. Sch. of Tech., No. A-1704-22, 2024 WL 464577 (N.J. Super. Ct. App. Div. Feb. 7, 2024) - This appeal involved the analysis of the accrual date in the context of a constructive discharge claim brought...more

Littler

New Jersey Court Clarifies Application of 2019 Wage and Hour Law Amendments

Littler on

On August 6, 2019, New Jersey’s wage and hour laws were amended to include liquidated damages on some claims, a new retaliation cause of action, and expansion of the statute of limitations from two to six years (the “2019...more

Ballard Spahr LLP

New Jersey “Wage Theft”  Amendments Apply Only Prospectively

Ballard Spahr LLP on

In a unanimous decision, on May 15, 2024, the New Jersey Supreme Court held that the state’s amendments (Chapter 212) to the Wage Payment Law (WPL) and the Wage and Hour Law (WHL) apply prospectively, and therefore plaintiffs...more

Goldberg Segalla

New Jersey Employers Get Brief Reprieve on Older Claims Brought Under Wage Theft Act

Goldberg Segalla on

KEY TAKEAWAYS - For claims that accrued prior to August 6, 2019, the applicable statute of limitations under the Wage Theft Act remains two years. For claims that accrued on or after August 6, 2019, the applicable statute of...more

King & Spalding

Fifth Circuit Finds That New Jersey’s Discovery Rule Applies If Identity of a Specific Defendant Was Not Known Until After the...

King & Spalding on

On December 15, 2022, the U.S. Court of Appeals for the Fifth Circuit reversed the pleading-stage dismissal, as time-barred, of a case against Bank of New York Mellon by defrauded investors in the Allen Stanford Ponzi scheme....more

Fisher Phillips

10 Takeaways as New Jersey Set to Drastically Limit Non-Competes and Other Restrictive Covenants

Fisher Phillips on

The New Jersey legislature is currently considering legislation that would add the state to the growing list of jurisdictions that have significantly limited the scope and enforceability of non-competition agreements and...more

Fox Rothschild LLP

New Jersey Wage Theft Act Is Not Retroactive: I Am Not Surprised

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Last year, in August, the State of New Jersey enacted the Wage Theft Act (“WTA”) which strengthened the wage hour protections for employees across the State, including expanding the statute of limitations from two years to...more

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