Jaret Fuente | Carlton Fields | June 28, 2018 The Florida Legislature has amended the construction statute of limitations and repose a second time in two years. Effective July 1, the amendments include (1) a provision addressing completion of the contract and final performance, and (2) a provision extending the statute of repose in certain… Continue reading 2018 Florida Legislature Amends Construction Statute Of Limitations And Repose
Tag: Statute of Limitations
The Supreme Court Narrows Its Holding in American Pipe & Construction Co. v. Utah
Ryan Vanderford and Mark D. Litvack | Pillsbury Winthrop Shaw Pittman LLP | June 18, 2018 TAKEAWAYS The Supreme Court’s decision in China Agritech, Inc. v. Resh cements a new limit on the filing of successive class actions. Tolling provisions established in landmark American Pipe decision do not extend to individual class members wanting to file a new action… Continue reading The Supreme Court Narrows Its Holding in American Pipe & Construction Co. v. Utah
When Does Time Start to Run for Limitation Purposes in Property Damage Claims Based on Negligence?
Seán Barton and Barrett Chapman | McCann FitzGerald | June 12, 2018 In a recent case, the Supreme Court has confirmed that time starts to run for limitation purposes in property damage claims based on negligence from the date when the damage is manifest. In Brandley v Deane 1 a property developer brought proceedings in negligence against… Continue reading When Does Time Start to Run for Limitation Purposes in Property Damage Claims Based on Negligence?
Supreme Court Prevents Plaintiffs From Bringing Piggyback Class Actions After the Statute of Limitations Has Run under American Pipe
David M. Gettings, Amy Pritchard Williams and Alan D. Wingfield | Troutman Sanders LLP | June 12, 2018 News & Knowledge The Supreme Court’s decision yesterday in China Agritech Inc. v. Resh is a significant victory for defendants in federal class action lawsuits, as it prevents plaintiffs from bringing successive class actions after the statute of limitations… Continue reading Supreme Court Prevents Plaintiffs From Bringing Piggyback Class Actions After the Statute of Limitations Has Run under American Pipe
Colorado Supreme Court Finds One-Year Statute of Limitations Inapplicable to Statutory Bad Faith Claims
Jessica C. Collier and Kayla D. Dreyer | Wilson Elser | June 7, 2018 The Colorado Supreme Court has provided some much-needed certainty as to the statute of limitations period for statutory bad faith claims. Chief Justice Nancy Rice, the author of the court’s May 29, 2018, opinion in Rooftop Restoration, Inc. v. American Family Mutual… Continue reading Colorado Supreme Court Finds One-Year Statute of Limitations Inapplicable to Statutory Bad Faith Claims