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
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
Florida Gov. Ron DeSantis issued Executive Orders 22-218 and 22-219 on Sept. 23 and 24, 2022, respectively, declaring a state of emergency due to Tropical Depression Nine (also referred to as Hurricane Ian) across the entire...more
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
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
Florida Executive Order 21-94, which extended the state of emergency due to the COVID-19 pandemic, expired on June 26, 2021. Affected developers and permit holders must act soon to take advantage of their tolling and...more
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
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
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
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
In connection with the continued efforts of New York State to grapple with the COVID-19 pandemic, a recent order updated the emergency measures in place impacting pending and potential litigation in New York and possibly...more
As discussed in our previous client alert, on July 31, 2020, through Executive Order 20-181, Governor DeSantis declared a state of emergency in the following counties due to the threat of Hurricane Isaias: Brevard, Broward,...more
Florida Gov. Ron DeSantis issued Executive Order 20-166 on July 7, 2020, extending the declaration of a state of emergency to contain the spread of the novel coronavirus disease (COVID-19). The extension of the declaration of...more
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
On June 6, 2020, New York Governor Andrew Cuomo issued Executive Order 202.38, which, among other things, extends the tolling period contained Executive Order 202.8 until July 6, 2020....more
In connection with the continued efforts of New York State to grapple with the COVID-19 pandemic, recent orders have updated the emergency measures in place impacting pending and potential litigation in New York and possibly...more
On March 9, 2020, Governor DeSantis issued statewide Executive Emergency Order EO 20-52 for COVID-19 that expired on May 8, 2020. On May 8, the Governor issued a renewal and ratification of EO-52 in EO 114 that will expire on...more
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
In connection with the continued efforts of New York State to grapple with the COVID 19 pandemic, recent orders have updated the emergency measures in place impacting pending and potential litigation in New York and possibly...more
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
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
In connection with the continued efforts of New York State and City to grapple with the COVID-19 pandemic, two recent orders have updated the emergency measures in place that impact pending and potential litigation in New...more
On May 7, 2020, New York Governor Andrew Cuomo issued Executive Order 202.28, which, among other things, “continue[d] the suspension and modifications of laws, and any directive, not superseded by a subsequent directive, made...more