News & Analysis as of

Statute of Limitations › Relation Back Doctrine

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 -
Freiberger Haber LLP

The Relation Back Doctrine and Statutes of Limitation in Mortgage Foreclosure Actions

Freiberger Haber LLP on

Today’s BLOG deals with the “Relation Back Doctrine” (the “Doctrine”), which, inter alia, “allows a claim asserted against a defendant in an amended filing to relate back to claims previously asserted against a codefendant...more

Freiberger Haber LLP

The Relation-Back Doctrine Under CPLR 203(c) and (f)

Freiberger Haber LLP on

It is well-settled that leave to amend a pleading is to be freely granted. Leave may be denied, however, if the proposed amendment is palpably insufficient or patently devoid of merit, or if it would cause undue prejudice to...more

Epstein Becker & Green

New York’s Highest Court Clarifies Law On “Relation Back” and Statute of Limitations

Epstein Becker & Green on

The statute of limitations is a powerful threshold defense for defendants in civil litigation.  Article 2 of New York’s Civil Practice Law and Rules (“CPLR”) and other New York statutory provisions set forth deadlines by...more

Freiberger Haber LLP

Amended Complaints, New Defendants and the Relation-Back Doctrine

Freiberger Haber LLP on

“A” brings an action against “B”. The causes of action asserted against “B” are all timely for statute of limitations purposes. Following discovery, “A” learns that “C” played a material role in the facts and...more

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

California Court of Appeal Applies ‘Relation Back’ Doctrine to Substitute PAGA Plaintiff’s Claims Deadline

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

On February 7, 2022, a California appellate court issued the latest decision regarding the Private Attorneys General Act (PAGA). Representative PAGA actions, which typically involve a relatively brief statute of limitations,...more

Farrell Fritz, P.C.

“Know thy enemy”: The Importance of Identifying Proper Defendants in Land Use Litigation

Farrell Fritz, P.C. on

When commencing an action or proceeding challenging a land use approval, it is critical that the plaintiff/petitioner identify all parties having an interest in both the approval itself and the real property to which it...more

McDermott Will & Schulte

Flip It and Reverse it: Relation Back Requires Notice of Claims Arising Out of Same Conduct, Transaction, Occurrence

McDermott Will & Schulte on

Addressing the application of the relation-back doctrine, the US Court of Appeals for the Federal Circuit revived a lawsuit, finding that damages were available because the amended complaint that asserted new patents related...more

Payne & Fears

No "End Run" Around Brinker Under Section 17200

Payne & Fears on

The California Court of Appeal has affirmed a complete victory by Safeway Inc. over a certified class of wage-and-hour plaintiffs. Esparza v. Safeway Inc., et al., B287927 (Los Angeles County Super. Ct. No. BC369766, June 10,...more

Pullman & Comley, LLC

Appellate Court Notes

Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: - SC19576 - Briere v. Greater Hartford Orthopedic Group, P.C. - SC19576 Concurrence - Briere v. Greater Hartford Orthopedic Group, P.C. One might argue this decision...more

Haight Brown & Bonesteel LLP

Poor Pleading Leads to Loss of Claim for Trespass Due to Relation-Back Doctrine, Statute of Limitations

Haight Brown & Bonesteel LLP on

In Scholes v. Lambirth Trucking Co. (No. C070770, Filed 4/6/2017), the California Court of Appeal for the Third Appellate District held that the relation-back doctrine could not save a property owner’s trespass claim against...more

Brooks Pierce

NC Business Court: Motions To Amend And The Statute Of Limitations

Brooks Pierce on

Maybe you have the same nightmare that I do. You have moved to amend your Complaint to add a new defendant. The statute of limitations is about to run, but your motion to amend was made before the end of the limitations...more

Sheppard Mullin Richter & Hampton LLP

Second Circuit Rejects the Application of American Pipe's Tolling Rule and Rule 15(c)'s "Relation Back" Doctrine to the Three-Year...

Sheppard Mullin Richter & Hampton LLP on

In In re IndyMac Mortgage-Backed Securities Litigation, No. 11-2998-CV, 2013 WL 3214588 (2d Cir. June 27, 2013), the United States Court of Appeals for the Second Circuit held that the tolling rule established by the United...more

Cranfill Sumner LLP

Annual Review of Significant Cases Affecting Design Professionals

Cranfill Sumner LLP on

This annual update is to provide a review of the most significant decisions impacting design professionals. The cases will consider the following important issues: the effect contractual language has on a professional...more

13 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide