News & Analysis as of September 14, 2024

Statute of Limitations › Time-Barred Claims

+ Follow

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 -

FCA Statute of Limitations Triggered by Notice to DOJ Only, Court Rules

Bass, Berry & Sims PLC on 6/7/2024

In a recent order denying dismissal in United States v. NH Learning Solutions Corp. (NHLS), the U.S. District Court for the Eastern District of Michigan weighed in on a False Claims Act (FCA) issue that has divided courts,...more

Franchisee 101: Fraud Claim Muzzled by Contractual Limitations Period

Lewitt Hackman on 3/4/2024

A North Carolina federal court dismissed a complaint brought by a franchisee against its franchisor. The franchisee alleged the franchisor fraudulently induced the franchisee to enter into a franchise agreement, but the court...more

Federal Court Upholds Employment Application’s Statute of Limitation Provision for Filing Lawsuits

Stevens & Lee on 2/6/2024

Key Takeaway: Employers can increase protection against § 1981 lawsuits by including a statute of limitations provision in their employment application. The Fifth Circuit recently remitted a jury award in favor of the...more

North Carolina Federal Court Rules That Franchise Agreement’s 1-Year Statute of Limitations Clause Barred Action Against...

Lathrop GPM on 9/8/2023

A federal court in North Carolina recently dismissed a complaint brought by Bigelow Corporation against its franchisor Hound Town USA because the claims were time barred. Bigelow Corporation v. Hounds Town USA, LLC, 2023 WL...more

6th Circuit: Tennessee judicial foreclosure time-barred

Orrick, Herrington & Sutcliffe LLP on 5/15/2023

On May 4, the U.S. Court of Appeals for the Sixth Circuit affirmed a lower court’s decision in a judicial foreclosure action, holding that a bank’s lawsuit was barred by Tennessee’s 10-year statute of limitations for actions...more

Virginia Creates New Cause of Action for Adult Victims of Sexual Abuse Against a “Person of Authority”

Willcox & Savage on 4/3/2023

On March 15, 2023, Virginia Governor Glen Youngkin signed House Bill 1647 into law. The new law amended and reenacted Virginia Code § 8.01-243 to create a civil cause of action for injury to a person 18 years of age or older...more

Appellate Court Dismisses Claims Barred by OMA’s 60-Day Statute of Limitations

Franczek P.C. on 3/14/2023

Recently, the Illinois Appellate Court affirmed, in part, the dismissal of two claims under the Open Meetings Act (“OMA”) as time-barred under Section 3(a), which requires civil actions for OMA noncompliance to be filed...more

Nothing Lasts for Everly, Not Even Copyright Co-Authorship Rights

McDermott Will & Emery on 2/23/2023

Addressing a novel issue, the US Court of Appeals for the Sixth Circuit ruled that a statute of limitations can time-bar a defense in narrow circumstances where a defendant uses it to seek affirmative relief. Garza v. Everly,...more

Franchisee 101: Transaction Totaled

Lewitt Hackman on 12/30/2022

Franchisee Cipercen, LLC operated several Meineke Car Care Centers. By 2017, Cipercen owed $550,000 in unpaid franchise fees to Meineke and decided to sell the franchises. Cipercen believed Meineke offered to waive the unpaid...more

A Tsunami of Lawsuits Is Expected to Slam Institutions in the Wake of New York Adult Survivors Act

McDermott Will & Emery on 12/1/2022

A new revival window opened on Thanksgiving Day for filing sexual assault and abuse lawsuits that would otherwise be time-barred by the New York statute of limitations. This means that entities who formerly employed or were...more

California and New York to Open One-Year Windows Reviving Time-Barred Adult Sexual Assault Claims

Pillsbury - Policyholder Pulse blog on 10/7/2022

Four months ago, New York Governor Kathy Hochul signed the Adult Survivors Act (ASA) (S.66A/A.648A), creating a one-year window, beginning November 24, 2022, for adult survivors of sexual assault to bring civil claims against...more

Massachusetts Court Tosses Out Time-Barred Claims Against Williams-Sonoma

Nutter McClennen & Fish LLP on 8/9/2022

Judge Krupp, sitting in the Massachusetts Business Litigation Session, ruled that the statute of limitations barred the plaintiff’s tort, contract, and unfair and deceptive practices claims against Williams-Sonoma....more

Challenge to Gowanus Neighborhood Rezoning Dismissed

Akerman LLP on 7/13/2022

In a decision and order issued June 27, 2022, Justice Consuelo Mallafre Menendez of the New York State Supreme Court, Kings County, dismissed the challenge to the Gowanus Neighborhood Rezoning filed by the Voice of Gowanus...more

UK Court: Procedural Failures Not Fatal to Service Out of Jurisdiction

Latham & Watkins LLP on 5/26/2022

Procedural omissions for service out of the jurisdiction will not impact issuance of a claim for the purposes of limitation. In Chelfat v. Hutchinson 3G UK Limited [2022] EWCA Civ 455, the UK Court of Appeal recently...more

Suit Challenging City’s Interpretation of 20-Year-Old Affordable Housing Agreement Was Timely

Perkins Coie on 4/29/2022

The Court of Appeal ruled that a suit concerning an affordable housing fee that plaintiff had agreed to pay two decades earlier was still timely because the 90-day limitations period under the Subdivision Map Act did not...more

Rulings on Standing and Statute of Limitations Deliver Huge Blow to RMBS Investors

Bilzin Sumberg on 2/18/2022

Last week, the U.S. District Court for the Southern District of New York dealt a major blow to mortgage investors in two parallel actions pending for the past few years. The impact proved to be fatal to one of the actions,...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

Illinois Appellate Court Affirms Summary Judgment For Defendant in Legal Malpractice Action Based on No Duty and No Causation

Hinshaw & Culbertson - Lawyers for the... on 9/15/2021

An Illinois appellate court held that: (1) plaintiffs' motion to amend their complaint was properly denied where the six-year statute of repose (735 ILCS 5/13-214.3(c)) barred the proposed amended claims based (in part) on...more

PAGA Claim Survives—Even Where Employee’s Claim Time-Barred

Manatt, Phelps & Phillips, LLP on 8/27/2021

An employee can pursue a Private Attorneys General Act (PAGA) claim despite the fact that her individual claim against the employer is time-barred, a California appellate panel recently determined. Maxim Healthcare Services...more

First District Court of Appeal Finds CEQA Claim Time-Barred Due to Insufficient Tolling Agreement

Downey Brand LLP on 7/26/2021

On June 30, 2021, in Save Lafayette Trees, et. al v. East Bay Regional Park District (Pacific Gas and Electric Company, Real Party in Interest), the First District Court of Appeal upheld the dismissal of a CEQA claim as...more

California Court of Appeal Reaches Perplexing Conclusion That Even Employees Whose Claims Are Time-Barred Can Still Bring PAGA...

Epstein Becker & Green on 7/26/2021

In a decision that seems like to be reviewed by the California Supreme Court or rejected by other California Courts of Appeal, one of California’s appellate courts has issued a perplexing decision holding that even employees...more

PAGA Strikes Again: The Statute of Limitations Does Not Apply to Representative Plaintiff

Haight Brown & Bonesteel LLP on 7/26/2021

In Johnson v. Maxim Healthcare Services, Inc. (“Johnson”), the California Court of Appeal, Fourth District, Division One (San Diego) held that an employee, whose individual claim is time-barred, may still pursue a...more

2nd Circuit Rules Plaintiffs Must Plausibly Allege A Willful Violation To Benefit From Extended Statute Of Limitations In Wage...

Fisher Phillips on 5/7/2021

The federal appeals court that has jurisdiction over New York employers recently issued a decision holding that a plaintiff must plausibly allege “willfulness” to secure the benefit of the longer three-year limitations period...more

Suit Challenging Water District’s Ad Valorem Property Tax Was Time-Barred Under the Validation Statutes

Perkins Coie on 4/1/2021

A challenge to a water district’s increase in its ad valorem property tax was untimely under the 60-day statute of limitations in the validation statutes. Coachella Valley Water District v. Superior Court (Roberts), No....more

Quieting Title After a Failed Deed in Contemplation of Marriage

Patton Sullivan Brodehl LLP on 3/29/2021

Claims for quieting title to real property can be governed by different statutes of limitations periods. But a common issue in quiet title cases is when the statute of limitations period starts running....more

87 Results

View per page

Page: of 4

Statute of Limitations › Time-Barred Claims

"My best business intelligence, in one easy email…"