News & Analysis as of

Statute of Limitations

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 -
Searcy Denney Scarola Barnhart & Shipley

Should You File a Slip and Fall Claim? Here’s What You Need to Know

Searcy Denney Scarola Barnhart & Shipley on

If you were injured in a slip and fall accident, should you file a claim? Injuries from slip and fall accidents can be incredibly expensive, so it is important to make an informed decision about asserting your legal rights....more

Parker Poe Adams & Bernstein LLP

Supreme Court Denies Review of Statute of Limitations for Section 1981 Discrimination Claims

Parker Poe Adams & Bernstein LLP on

On June 2, 2025, the U.S. Supreme Court rejected the appeal of a Fifth Circuit Court of Appeals decision interpreting the limitations period for filing lawsuits under Section 1981 of the Civil Rights Act of 1866. ...more

Mayer Brown

Superior Court of Justice Changes Understanding on Statute of Limitations for Offsetting Tax Credits Arising from Judicial...

Mayer Brown on

The Second Panel of the Brazilian Superior Court of Justice (STJ) recently issued a significant decision regarding the time limit for the offset of tax credits recognized in final and unappealable judicial decisions. The...more

Amundsen Davis LLC

Does My Company Qualify for Wisconsin’s Voluntary Disclosure Program?

Amundsen Davis LLC on

Taxes and their applicable laws can be confusing for even the most savvy businesspeople. For any number of reasons, businesses and individuals fall out of compliance with tax reporting requirements and become exposed to...more

Epstein Becker & Green

Stripping Down a Statute of Limitations - SCOTUS Today

Epstein Becker & Green on

The U.S. Supreme Court did not issue any merits opinions yesterday, but it did issue two orders denying cert. One of them, Nicholson v. W.L. York, Inc., is potentially significant for litigants of discrimination claims under...more

Bradley Arant Boult Cummings LLP

New York Court of Appeals Finally Agrees to Hear Constitutional Challenges to FAPA

Bradley Arant Boult Cummings LLP on

After years of denying review, the New York Court of Appeals — the state’s highest court — agreed to address the question of whether New York’s momentous Foreclosure Abuse Prevention Act (FAPA) applies retroactively. On May...more

Lowenstein Sandler LLP

TSCA Citizen Suit and Public Nuisance Claims Dismissed by EDNY

Lowenstein Sandler LLP on

On May 19, the Eastern District of New York (the Court) dismissed claims brought by the Town of Oyster Bay, New York (the Town) under Section 20(a)(1) of the Toxic Substances Control Act (TSCA)1 and for public nuisance...more

Marshall Dennehey

Appellate Court Denies Late Notice of Claim in Mass Transit Injury Case for Lack of Extraordinary Circumstances

Marshall Dennehey on

Hutchins v. NJ Transit Corp. and the State of NJ, 2025 WL 18154 (App. Div. Jan. 2, 2025) - In an encouraging adherence to procedural rules, a New Jersey appellate court denied an application to file a late notice of claim...more

Seyfarth Shaw LLP

PAGA Paraphrased – Osuna v. Spectrum Security Services, Inc.

Seyfarth Shaw LLP on

The Second District Court of Appeal held that, under the pre-reform PAGA statute, an individual employee need not have been employed or experienced a Labor Code violation during the one-year PAGA limitations period to have...more

Rodemer Kane Attorneys at Law

Understanding Commercial Truck Accident Settlements in Colorado

Rodemer Kane Attorneys at Law on

Commercial truck accidents, particularly those involving large vehicles like 18-wheelers, can result in very serious injuries for those involved. In Colorado, the process for securing a truck accident settlement involves an...more

Lewitt Hackman

Franchisor 101: Farsighted Vision for System Changes

Lewitt Hackman on

An Ohio federal court granted a franchisor’s motion to dismiss a putative class of franchisees alleging antitrust violations and related claims, including interference to deflate franchisees’ reimbursement rates. Other class...more

McGuireWoods LLP

Product Liability & Mass Tort Monitor: May 2025

McGuireWoods LLP on

The Product Liability & Mass Tort Monitor is a monthly newsletter delivering critical updates, data insights and actionable strategies for navigating the complexities of product liability and mass tort litigation....more

Hinshaw & Culbertson - Consumer Crossroads

New York Court of Appeals Accepts Certified Questions on Whether FAPA Should be Retroactively Applied

Hinshaw & Culbertson - Consumer Crossroads on

The New York Court of Appeals has finally agreed to consider whether retroactive application of the Foreclosure Abuse Prevention Act (“FAPA”) (or sections of it) violates the New York Constitution. Over the last two years,...more

Carlton Fields

Florida Appeals Court Decisions Week of May 19 - 23, 2025

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - Middleton v. Hollywood Reporter - defamation, California limitations - Merritt Island Woodwerx v. Space Coast CU - arbitration - USA v. Doe - immigration, removal, failure to...more

Sullivan & Worcester

Holocaust Expropriated Art Recovery Act of 2025 Would Extend Prior Law on Nazi-era Art Claims, Overrule Supreme Court on Sovereign...

Sullivan & Worcester on

Seven bipartisan sponsors introduced the Holocaust Expropriated Art Recovery Act of 2025 on May 22, 2025, as Senate Bill 1884. The bill would extend provisions of the Holocaust Expropriated Art Recovery Act (HEAR Act) of 2016...more

Goodwin

New York’s Highest Court Agrees To Hear Constitutional Challenge to Estoppel Provision of FAPA

Goodwin on

On May 20, 2025, the New York Court of Appeals agreed to hear constitutional challenges to one aspect of New York’s Foreclosure Abuse Prevention Act (FAPA). ...more

Bradley Arant Boult Cummings LLP

Fourth Circuit Decides “Non-Ink-to-Paper” Agreement Among Defense Contractors May Toll Statute of Limitations for Antitrust Claims

Bradley Arant Boult Cummings LLP on

On May 9, 2025, the U.S. Court of Appeals for the Fourth Circuit published a significant decision in Scharpf v. General Dynamics Corp., reviving a dormant class action lawsuit against a group of the country’s largest naval...more

McGlinchey Stafford

Sixth Circuit Clarifies CERCLA Statute of Limitations

McGlinchey Stafford on

On May 12, 2025, the U.S. Court of Appeals for the Sixth Circuit issued a pivotal decision addressing the timing of contribution claims under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA),...more

Maison Law

Special Considerations for California Accident Claims Involving Commercial Vehicles

Maison Law on

Although data doesn't exist for all commercial vehicle crashes, the Federal Motor Carrier Safety Administration's Crash Statistics database shows that some vehicles commonly used for commercial purposes, such as buses and...more

Fishman Haygood LLP

U.S. Ninth Circuit Reinstates Product Liability Action that Had Been Dismissed on Statute of Limitations Grounds

Fishman Haygood LLP on

The U.S. Ninth Circuit Court recently revived a medical device lawsuit (Bennett v. C.R. Bard)1 centered on a fact issue regarding the plaintiff’s knowledge of a product defect as the cause of his condition. The case shines...more

Ervin Cohen & Jessup LLP

California Court of Appeal Rejects "Headless" PAGA Claims in Williams v. Alacrity Solutions Group

Ervin Cohen & Jessup LLP on

In a significant development for California employers, the Court of Appeal in Williams v. Alacrity Solutions Group, LLC recently affirmed the dismissal of a Private Attorneys General Act (“PAGA”) claim brought solely on...more

Tyson & Mendes LLP

Cracking the Code: Demystifying the Legal Lingo in Insurance Defense

Tyson & Mendes LLP on

Picture yourself standing in the middle of a bustling market surrounded by signs and conversations you can’t seem to decipher. If you’ve ever been a foreign country and don’t speak the language, you understand what it’s like...more

Shook, Hardy & Bacon L.L.P.

Cleveland Museum of Art to Return $20 Million Bronze Statue to Turkey

Shook, Hardy & Bacon L.L.P. on

In February, the Cleveland Museum of Art (CMA) announced that it would withdraw its lawsuit against the Manhattan District Attorney (DANY) for declaratory judgment that the museum was the rightful owner of a Greco-Roman...more

McGinnis Lochridge

Affirmative Defenses Are Insufficient to Rebut the Van Dyke Presumption

McGinnis Lochridge on

Under Van Dyke, deeds with double-fraction royalty reservations referencing “1/8” are presumed to reserve a floating royalty interest unless clearly contradicted. Defenses like waiver, ratification, and limitations cannot...more

Orrick, Herrington & Sutcliffe LLP

District court grants partial CFPB win in credit reporting case

Orrick, Herrington & Sutcliffe LLP on

On May 5, the U.S. District Court for the Central District of California granted in part and denied in part a motion to dismiss filed by the defendant, a consumer reporting agency, in a case brought by the CFPB in January...more

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