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Statute of Limitations › Motion for Summary Judgment

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 -
Vondran Legal

The Professional Copyright Plaintiff and the Statute of Limitations

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There are many different types of Copyright plaintiffs who sue for unlawful and unlicensed use of their copyright-registered content. For example, our firm has dealt with the following types of copyright defense brought by...more

Goldberg Segalla

Power Companies’ Motion for Summary Judgment Denied

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Court: Supreme Court of New York, New York County Long Island Lighting Company (LILCO) is a subsidiary of Long Island Power Authority (LIPA). LIPA was created “to remedy LILCO’s conduct as a private electric provider” by...more

Goldberg Segalla

Motions for Summary Judgment in Jones Act Matter Denied on Statute of Limitations and Causation Grounds

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United States District Court for the Southern District of New York, May 9, 2022 - In this asbestos action, decedent Carlo Badamo served on several vessels during his time as a merchant marine from 1944 to 1955....more

Mitchell, Williams, Selig, Gates & Woodyard,...

State Storage Tank Trust Fund: South Dakota Supreme Court Addresses Cost Recovery Action for Prior Payments to Oil Company

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The Supreme Court of the State of South Dakota (“Court”) addressed in an August 12th opinion an action by the State of South Dakota and the South Dakota Petroleum Release Compensation Fund (“Fund”) action to recover payments...more

Hinshaw & Culbertson LLP

The LHD/ERISA Advisor: California Federal Court Rules Claim Denial was Unequivocal

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In Daneman v. Guardian Life Ins. Co. of Am., 2019 U.S. Dist. LEXIS 42881 (C.D. Cal. March 11, 2019), the U.S. District Court for the Central District of California held that an insurer's statement in a claim denial letter...more

Genova Burns LLC

One and Done: NJ Appellate Court Rules that a Continuing Violation Under the NJLAD can Apply to a Hostile Work Environment Claim...

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The New Jersey Appellate Division in Adel Mansour v. Brooklake Club Corporation, Inc., d/b/a Brooklake Country Club, A-2472-17T1 (App. Div. July 10, 2019) recently considered a hostile work environment claim by an Egyptian...more

Payne & Fears

No "End Run" Around Brinker Under Section 17200

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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

Bass, Berry & Sims PLC

Chris Lazarini Examines Accrual of Indemnitor Liability

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Bass, Berry & Sims attorney Chris Lazarini examined a case in which a mortgage company sued a bank under the indemnity clause of the parties loan purchase agreement. The bank sought dismissal on statute of limitations...more

Akin Gump Strauss Hauer & Feld LLP

FERC Wins Statute of Limitations Fight in Market Manipulation Enforcement Case, But Uncertainty Remains

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On January 4, 2019, the United States District Court for the District of Maine handed the Federal Energy Regulatory Commission (FERC or “the Commission”) a victory in FERC v. Silkman, a long-running market manipulation...more

Smart & Biggar

Amended PMNOC Regulations: First Anniversary Update

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As previously reported, the amended Patented Medicines (Notice of Compliance) Regulations (“Regulations”) came into force on September 21, 2017, heralding significant changes to the landscape for pharmaceutical companies in...more

Blank Rome LLP

New York Appellate Court Holds Short Sale Documents Do Not Constitute an Acknowledgment of the Debt to Restart the Statute of...

Blank Rome LLP on

New York’s Appellate Division, Second Department, ruled short sale documents do not constitute an unqualified acknowledgment of the debt or manifest a promise to repay the debt sufficient to reset the statute of limitations...more

Fisher Phillips

A “Crowbar to Get Everything”: Motorola v. Hytera and the Issues with Imaging Computers in Discovery

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In an interesting 15-page discovery order, Magistrate Judge Jeffrey Cole of the Northern District of Illinois rejected Motorola’s attempt to obtain images of the computers of a number of Hytera employees. Motorola has brought...more

Haight Brown & Bonesteel LLP

Appellate Court Reinforces When the Attorney-Client Relationship Ends for Purposes of “Continuous Representation” Tolling...

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In Gotek Energy, Inc. v. Socal IP Law Group, LLP (No. B26668, October 12, 2016), the Second District Court of Appeal held that rather than the date on which a client file is transferred to new counsel, the attorney-client...more

Alston & Bird

Delaware’s Estimation Practices Declared Unconstitutional in Recent Temple-Inland Decision

Alston & Bird on

On June 28, 2016, the U.S. District Court for the District of Delaware issued a long-awaited decision in Temple-Inland, Inc. v. Cook, No. 1:14-cv-00654. In a ruling on the parties’ cross motions for summary judgment, the...more

Proskauer - New England IP Blog

Relating a Software Copyright Infringement Claim Back to its Source

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In a recent order, Judge Douglas P. Woodlock of the District of Massachusetts untangled a complicated timeline to decide motions for summary judgment regarding several copyright infringement and related claims on a statute of...more

Foley & Lardner LLP

En Banc Federal Circuit Preserves The Patent Laches Defense Over Dissent

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In a divided en banc decision in SCA Hygiene Products v. First Quality Baby Products, the Federal Circuit preserved the defense of laches for patent cases even though the Supreme Court eliminated that defense in copyright...more

Proskauer - California Employment Law

California Employment Law Notes - July 2015

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Employee's Inability To Work For A Particular Supervisor Does Not Constitute A "Disability" - Higgins-Williams v. Sutter Med. Found., 237 Cal. App. 4th 78 (2015) - Michaelin Higgins-Williams worked as a clinical...more

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