Arbitration subject to state statute of limitations 
Published: May 20, 2013
Tags: arbitration, statute of limitations
The state statute of limitations applied to bar arbitration claims brought by the clients of a financial services company, the Florida Supreme Court has ruled in reversing judgment.
ERISA
Published: April 16, 2013
Tags: ERISA, long-term disability benefits, statute of limitations, U.S. Supreme Court
When does the statute of limitations accrue for the judicial review of an ERISA disability benefits adverse determination?
See “Court to decide when clock begins to run in ERISA suit”
Court to decide when clock begins to run in ERISA suit
Published: April 16, 2013
Tags: ERISA, long-term disability benefits, statute of limitations, U.S. Supreme Court
The U.S. Supreme Court will decide when the statute of limitations accrues for the judicial review of an ERISA disability benefits adverse determination.
Sex abuse claims against school aren’t time-barred
Published: March 21, 2013
Tags: sexual abuse, statute of limitations
A state statute of limitations did not bar the personal injury claims of adults who claimed they were sexually abused by a public school teacher when they were children, the Oregon Supreme Court has ruled in reversing a dismissal.
Hospital fall suit governed by longer limitations period
Published: March 4, 2013
Tags: medical malpractice, negligence, statute of limitations
A personal injury suit concerning a patient’s fall at a hospital was not subject to the one-year statute of limitations for medical malpractice, the California Court of Appeal has ruled in reversing a dismissal.
Illinois suit over unsolicited faxes isn’t time-barred
Published: February 14, 2013
Tags: consumer protection, junk faxes, statute of limitations, TCPA, Telephone Consumer Protection Act
A private action under the Telephone Consumer Protection Act was not barred by the state’s two-year statute of limitations for claims seeking statutory penalties, the Illinois Appellate Court has ruled in affirming judgment.
Testamentary expectancy suit isn’t time-barred
Published: January 30, 2013
Tags: statute of limitations, wills and trusts
A lawsuit alleging intentional interference with a testamentary expectancy was not barred by the statute of limitations applicable to will contests, the Illinois Supreme Court has ruled in reversing a dismissal.
Attorney’s ‘worldly circumstances’ inadmissible
Published: January 28, 2013
Tags: legal malpractice, statute of limitations
A legal malpractice plaintiff should not have been permitted to introduce evidence that his former attorney lived a life of luxury, the Georgia Supreme Court has ruled in answering a certified question from a U.S. District Court.
Asbestos claim accrued with first diagnosis
Published: January 15, 2013
Tags: asbestos litigation, mesothelioma, statute of limitations, wrongful death
An asbestos plaintiff’s cause of action accrued upon the first communication of a doctor’s diagnosis of an asbestos-related injury or disease, the Virginia Supreme Court has ruled in answering a certified question from the 3rd Circuit.
CRIMINAL LAW
Published: January 9, 2013
Tags: conspiracy, Criminal Law, statute of limitations, U.S. Supreme Court
A criminal defendant bears the burden of establishing the defense that he withdrew from a drug distribution conspiracy outside the statute of limitations.
See “Drug defendant must show withdrawal from conspiracy”
U.S. Supreme Court. Smith v. U.S., No.
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