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Statute of Limitations › Federal Rules of Civil Procedure

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 -
Gray Reed

Legal Research Gone Wrong: A Cautionary Tale About Relying on ChatGPT

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Claiming that he was injured when a metal serving cart struck his knee during a flight from El Salvador to New York in 2019, Robert Mata recently sued Avianca Airlines. Avianca filed a motion to dismiss in New York federal...more

Reveal

FRCP 15: What It Means for Litigants and How to Efficiently Prepare for Trial

Reveal on

The Federal Rules of Civil Procedure (FRCP) can be intricate and confusing, especially when it comes to the interplay between various rules. Few aspects of civil litigation present potential pitfalls such as amending and...more

Butler Snow LLP

Out of Time: Bifurcating the Statute of Limitations

Butler Snow LLP on

The statute of limitations is a powerful defense for defendants. But it is a tricky one to assert at trial in any of the majority of states recognizing a discovery rule—which commonly provides that the statute of limitations...more

Faegre Drinker Biddle & Reath LLP

Treating Physician’s Informed Consent Process and Decision-Making in Device Selection Lead to Partial Summary Judgment for Device...

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A series of recent rulings out of the Southern District of Texas in an inferior vena cava (IVC) filter case reflect how well-planned discovery can lead to a successful multipronged summary judgment motion and can effectively...more

Bradley Arant Boult Cummings LLP

False Claims Act: 2019 Year in Review

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The year 2019 was another active year in False Claims Act (FCA) investigations and litigation. Although the year lacked a singular blockbuster case, there were decisions of particular note. The Supreme Court clarified the...more

Proskauer Rose LLP

ERISA Newsletter - Second Quarter 2019

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Editor's Overview - As the summer heats up, so too has the U.S. Supreme Court's docket for next term where it has already agreed to hear three ERISA cases and more may be in the works. On the docket already are ERISA...more

Mintz - Securities Litigation Viewpoints

Teva Putative Federal Securities Class Member Seeks to Toll Statute of Repose with Motion to Intervene

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The United States District Court of the District of Connecticut will soon decide whether a putative class member may intervene “for the limited purpose of tolling the statute of repose.” Statutes of repose place an outer...more

Carlton Fields

Ninth Circuit Holds that Federal Rules of Civil Procedure Govern How to Calculate the FAA’s Three-Month Filing Deadline to Seek...

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The Ninth Circuit affirmed the denial of a petition to vacate an arbitration award because the petition was filed one day late. ...more

Dorsey & Whitney LLP

SEC Enforcement after Kokesh and Cohen

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The remedies the Securities and Exchange Commission (“SEC”) can seek in its enforcement actions are a critical question in the wake of the Kokesh v. SEC, 137 S.Ct. 1635 (2017) and SEC v. Cohen, Civil Action No. 17-cv-430...more

Sands Anderson PC

Experts and Defenses in Legal Malpractice Cases: Virginia Supreme Court Sheds Some Important Light

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Last week, in Sere v. Trapeni, the Virginia Supreme Court handed down a very interesting opinion in a legal malpractice appeal. The Court provided important guidance on when a court’s previous rulings can affect new cases and...more

A&O Shearman

Supreme Court Rules That Successive Class Actions Are Not Tolled Under American Pipe

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On June 11, 2018, the Supreme Court of the United States held that the tolling rule first stated in American Pipe & Construction Co. v. Utah, 414 U.S. 538 (1974) cannot salvage otherwise-untimely successive class claims. ...more

Dorsey & Whitney LLP

The Supreme Court - June 11, 2018

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The Supreme Court of the United States issued four decisions today: China Agritech, Inc. v. Resh, No. 17-432: In American Pipe & Constr. Co. v. Utah, 414 U.S. 538 (1974) and subsequent decisions, the Court has held that...more

Jackson Lewis P.C.

Class Action Stacking Is Not Permitted, U.S. Supreme Court Rules

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Once class action certification has been denied, a putative class member may not start a new class action beyond the applicable statute of limitations, the U.S. Supreme Court has ruled, 9-0, in an opinion by Justice Ruth...more

Locke Lord LLP

China Agritech, Inc. v. Resh: Supreme Court Stops Potentially Never-Ending Statute of Limitations, Finds American Pipe Does Not...

Locke Lord LLP on

The U.S. Supreme Court in China Agritech v. Resh, 2018 WL 2767565 (June 11, 2018) ruled that the American-Pipe doctrine—under which filing a class action tolls the statute of limitations for later-filed individual claims—does...more

Pillsbury - Gravel2Gavel Construction & Real...

SCOTUS: Follow-on Class Claims Time Barred Under American Pipe and Its Progeny

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The U.S. Supreme Court issued its decision in China Agritech v. Resh et al., a decision concerning the U.S. Court of Appeals’ application of the tolling rule first stated in American Pipe & Constr. Co. v. Utah and later...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides China Agritech, Inc. v. Resh

Faegre Drinker Biddle & Reath LLP on

On June 11, 2018, the Supreme Court of the United States decided China Agritech, Inc. v. Resh, No. 17-432, holding that a member of a failed federal class action may not use the tolling rule of American Pipe & Construction...more

Foley & Lardner LLP

Justices Scrutinize the Pros and Cons of Extending American Pipe Tolling

Foley & Lardner LLP on

As we previewed last week, the Supreme Court is considering whether the filing of a class action tolls the statute of limitations for absent class members so that they can pursue a separate class action if the initial action...more

Bradley Arant Boult Cummings LLP

For Whom the Pipe Tolls: SCOTUS to Decide Whether American Pipe Tolling Applies to “Piggyback” Class Actions

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Federal courts generally agree that when certification of a class action is denied or the case is dismissed, the statute of limitations on the claim asserted on behalf of the would-be class is deemed to have been tolled...more

Burr & Forman

Fall 2017 Consumer Financial Protection Bureau Update

Burr & Forman on

The Consumer Financial Protection Bureau (“CFPB” or “Bureau”) is a U.S. government agency created by the Dodd-Frank Wall Street Reform and Consumer Protection Act. The CFPB is the first federal agency tasked solely with the...more

Dorsey & Whitney LLP

The Supreme Court - June 5, 2017

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The Supreme Court of the United States issued decisions in five cases today: Advocate Health Care Network v. Stapleton, No. 16-74: This case involves whether three church-affiliated nonprofits that run hospitals and offer...more

Haight Brown & Bonesteel LLP

Ninth Circuit Holds Statute of Limitations Applicable to Class Action May Be Tolled By Prior Lawsuit

Haight Brown & Bonesteel LLP on

In Resh v. China Agritech, No. 15-55432, published May 24, 2017 (Resh), the Ninth Circuit Court of Appeals held that a would-be class action is not time barred where (1) the plaintiffs were unnamed plaintiffs in two earlier...more

Parker Poe Adams & Bernstein LLP

The "Two Dismissal" Rule and NC Foreclosures - Another Victory for Lenders

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Defaulting borrowers sure do keep trying hard to get foreclosures kicked out on any procedural grounds possible. In our last go around, dear readers, you’ll recall the North Carolina Court of Appeals weighed in on the NC...more

Gray Reed

The Well Operator Should Have Listened To My Mother

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My mother used to give us good advice. For example: Don’t lie … do your homework. Sabella v. Appalachian Development Corporation agrees with my mother. Sabella bought minerals in 1997 under 66 acres in Warren...more

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