News & Analysis as of September 14, 2024

Statute of Limitations › Motion to Dismiss

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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 -

Defendant Granted Motion to Dismiss Claim against Settlement Trust for Untimeliness

Goldberg Segalla on 9/11/2024

Superior Court of Delaware, New Castle - In the asbestos action Burhenn v. Celotex Asbestos Settlement Trust, the court granted defendant Celotex’s motion to dismiss on the grounds that the complaint was untimely filed. In...more

New York Law Applied for Service Standard in Case Where Wisconsin Law Applied in Part

Goldberg Segalla on 8/16/2024

In the recent Agnew decision, the court had to decide on National Tinsel’s motion to dismiss. National Tinsel is an artificial snow company incorporated in Wisconsin which was being sued in New York. National Tinsel filed for...more

Massachusetts District Court Grants Motion to Dismiss 401(k) Fiduciary Breach and Prohibited Transaction Claims

Proskauer - Employee Benefits & Executive... on 4/18/2024

A federal district court in Massachusetts dismissed ERISA fiduciary breach and prohibited transaction claims against 401(k) plan fiduciaries, ruling that the prohibited transaction claims were time-barred and the fiduciary...more

Under Pennsylvania Law, Service of a Writ of Summons on Defendant’s Claims Administrator Does Not Constitute Valid Service.

Marshall Dennehey on 3/6/2024

London-Walker v. Walgreens Family of Companies, 2023 WL 6465387 (E.D. Pa. 2023) - The plaintiff, a customer of the defendant’s store, tripped and fell on a mat located in the store. The plaintiff commenced the case in state...more

Continuous Representation Rule Does Not Extend the Statute of Limitations in Legal Malpractice Claims

Hinshaw & Culbertson - Lawyers for the... on 1/23/2024

Davis, et. al. v. Hayes Hofler, P.A., 2024 N.C. App. LEXIS 11 (Ct. App. January 2, 2024) - Brief Summary - The North Carolina Court of Appeals aligned itself with the minority view by holding that the continuous...more

Eleventh Circuit Court Of Appeals Decision Examines What Is Needed To Preserve An Argument For Appeal - (TRANSCRIPT)

Balch & Bingham LLP on 12/13/2023

In this episode of Decision Dive, Balch’s Jason Tompkins, Chair of Balch & Bingham’s Issues & Appeals Practice, is joined by Robert Baxley, attorney in the firm’s Litigation Practice, to explore the Eleventh Circuit’s new...more

Georgia Federal Court Holds that Service of a Complaint Triggers the Statute of Limitations for a Subsequent FDCPA Claim

Troutman Pepper on 10/2/2023

On August 24, the U.S. District Court for the Southern District of Georgia denied the defendant’s motion to dismiss claims asserted under the Fair Debt Collections Practices Act (FDCPA), holding that for claims based on...more

The Professional Copyright Plaintiff and the Statute of Limitations

Vondran Legal on 8/1/2023

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

Artificially Unintelligent: Attorneys Sanctioned for Misuse of ChatGPT

Proskauer - Minding Your Business on 6/30/2023

ChatGPT may be smart enough to pass the bar exam, but lawyers should take caution before relying on the Artificial Intelligence (“AI”) platform to conduct any legal business. On June 22, 2023, Judge P. Kevin Castel of...more

Just Right: Delaware Court of Chancery Adopts ‘Goldilocks’ Approach to Accrual of Red-Flag Caremark Claims

Akin Gump Strauss Hauer & Feld LLP on 3/6/2023

Key Takeaways - In a case of first impression, the Delaware Court of Chancery issued a decision that could give investors more time to sue corporate directors and officers for Caremark breach of fiduciary duty claims. ...more

Clearing the Decks While Decking the Halls

Fox Rothschild LLP on 12/29/2022

If there’s one thing readers of this blog can count on, it is that every even-numbered year ends with a gush of opinions from both appellate courts as the judges and justices strive to finish the year’s work before new...more

BIPA Class Actions – 2022 Round-Up

ArentFox Schiff on 12/12/2022

Illinois Biometric Information Privacy Act (BIPA) class action lawsuits were heavily litigated again in 2022, as plaintiffs continued to target companies using biometric technology and their vendors. At the same time,...more

Seeing Starz: No Damages Bar in Copyright Discovery Rule Case

McDermott Will & Emery on 8/4/2022

The US Court of Appeal for the Ninth Circuit affirmed a district court’s denial of a motion to dismiss copyright infringement claims as barred by the statute of limitations, affirming the copyright owner’s right to sue even...more

Jerry Seinfeld Meets eDiscovery: Rules of the Game and the Pony Scene

EDRM - Electronic Discovery Reference Model on 5/10/2022

I could not resist writing about a new case that mentions electronic discovery (yes, I have a standing Lexis search), not because it creates any kind of great precedent or anything, but because it involves one of my all-time...more

Successful Dismissal for Delay Under the Class Proceedings Act: Ontario Court Examines New Automatic Dismissal Provision

Stikeman Elliott LLP on 2/9/2022

In Bourque v Insight Productions, 2022 ONSC 174, the Ontario Superior Court of Justice (the “Court”) dismissed a proposed class proceeding for delay. The decision is noteworthy as it’s the first reported decision that...more

Judge Tells FTC That It Can’t Have Its Part III and Eat It, Too

Venable LLP on 2/9/2022

I’ve never really understood the saying “You can’t have your cake and eat it, too,” but I was reminded of it when I read U.S. District Judge Amy Totenberg’s opinion rejecting the FTC’s efforts to stay or voluntarily dismiss...more

Sixth Circuit Holds That Federal Four-Year Statute of Limitations Applies to Disability Discrimination Claims under Section 1557...

Arnall Golden Gregory LLP on 2/2/2022

In the face of tragic allegations, the Sixth Circuit has held that a patient’s disability discrimination claim against a hospital is not timed barred by the Rehabilitation Act, which borrows a state’s applicable statute of...more

All You Need Is Love… And An Articulable Nexus Of Fraud

Farrell Fritz, P.C. on 1/7/2022

What can you do when the parties you are suing are effectively judgment-proof? Oftentimes, plaintiffs will try to go after a defendant’s family member or related entity. ...more

Chancery Denies Motion to Dismiss, Awaits Development of Factual Record to Rule on Laches Defense

Morris James LLP on 10/19/2021

Kim v. Coupang, LLC, C.A. No. 2020-0772-JRS (Del. Ch. Aug. 19, 2021) - If a court can rule on the affirmative defense of laches on the face of a complaint, it may grant a motion to dismiss. As this case illustrates,...more

Property Owners Allege Their Own Lawyers Helped Initiate Ruinous Downzoning, Case Dismissed Due to Statute of Limitations

Hinshaw & Culbertson - Lawyers for the... on 8/26/2021

An Illinois appellate court held that plaintiffs' legal malpractice claim, which accrued as soon as his business partners learned of their wrongfully caused injuries, was barred by the two-year statute of limitations. ...more

Illinois Appellate Court Holds Legal Malpractice Claim is Barred by Statute of Repose, Rejects Plaintiff's Tolling Argument

Hinshaw & Culbertson - Lawyers for the... on 7/23/2021

Brief Summary An Illinois appellate court held that the statute of repose barred a plaintiff's legal malpractice claim, and that the plaintiff's claim of fraudulent concealment to toll the statute failed. The court also...more

Title V Permit/Clean Air Act: Federal District Court Addresses Statute of Limitations Issue

Mitchell, Williams, Selig, Gates & Woodyard,... on 4/20/2021

A United States District Court (D. Colorado)(“Court”) addressed in a March 30th Order issues arising out of a Clean Air Act Citizen Suit enforcement action (“Action”). See Wildearth Guardians, et al. v. Mountain Coal Company,...more

NY Court Of Appeals Issues A Landmark Decision On The Statute Of Limitations In Mortgage Foreclosure Actions

McGlinchey Stafford on 2/19/2021

On February 18, 2021, the New York Court of Appeals issued a landmark decision in four cases related to the application of the statute of limitations to foreclose a mortgage in New York. Most notable is the long-anticipated...more

Plaintiff's Legal Malpractice Action—First Filed Too Early, Then Refiled Too Late—Results in Dismissal With Prejudice

Hinshaw & Culbertson - Lawyers for the... on 1/28/2021

Flintlock Constr. Servs, LLC v. Rubin, Fiorella & Friedman, LLP, 2020 NY Slip Op 06711 (App. Div.). Brief Summary - After plaintiff's initial legal malpractice action was dismissed as premature because the underlying...more

Trial Court Not "Without Discretion" When Plaintiff Fails to File Certificate of Merit:: Hinshaw's Annual Guide to Key Illinois...

Hinshaw & Culbertson - Health Care on 12/28/2020

Is a trial court "without discretion" to grant extension of time for obtaining certificate of merit when plaintiff fails to comply with 2-622? Terrance Owens v. Riverside Medical Center, et al., 2020 IL App (3d) 180391 - ...more

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Statute of Limitations › Motion to Dismiss

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