statute of limitations Archives

May 26, 2021

Supreme Court Reverses D.C. Circuit on Superfund Cost Recovery Statute of Limitations

The Supreme Court has reversed a DC Circuit decision which held that the territory of Guam was time-barred from pursuing a cost recovery action under CERCLA against the U.S. Government to pay its fair share for the clean-up of the Ordot dump. Guam and the U.S. signed a Consent Decree under the Clean Water Act in 2004 requiring the territory to remediate the former Navy-owned Ordot dump from leaking into adjacent rivers. Guam later filed a claim under the Federal Superfund law to recoup some of the clean-up cost. The D.C. Circuit held that the claim was time-barred by CERCLA’s… Read more

Jan 7, 2020

Plaintiffs Beware: You May Have Less Time Than You Think to Bring a FDCPA Claim

In a recent 8-1 decision, the United States Supreme Court resolved a circuit split in favor of debt collectors. Rotkiske v. Klemm[1] (Rotkiske III). Mr. Rotkiske brought suit on June 29, 2015 against Klemm & Associates (Klemm) for violation of the Fair Debt Collection Practices Act (FDCPA). Id. at *2. In September 2014, Mr. Rotkiske applied for a mortgage and learned that Klemm had an outstanding $1,500 default judgment against him. Id. In 2008, Klemm attempted service at Mr. Rotkiske’s previous address and learned that Mr. Rotkiske no longer lived there. Id. Klemm dropped the suit for failure to serve… Read more

Nov 3, 2017

SCOTUS to Decide When Statute of Limitations is Tolled After Dismissal of State Law Claims Without Prejudice

“For Whom the Bell Tolls” Litigants often try to resolve their federal and state law claims in a single action. In order for a federal court to hear state law claims, it must invoke supplemental jurisdiction, codified at 28 U.S.C. § 1367. As long as the court has subject matter jurisdiction and the state law claim arises out of the same transaction or occurrence, the federal court can hear the state law claim. However, the courts have the discretion to decline to hear the state law claim. In such a case, the state law claim is dismissed without prejudice, and… Read more

Feb 3, 2015

Colorado Bill Proposes Shortest Statute of Repose for Construction Claims in the Nation

Colorado State Senator Ray Scott recently introduced a bill (SB15-091) to reduce Colorado’s statute of repose for construction claims from 6 years down to 3 years. The bill is set to take effect on August 5, 2015, if the General Assembly adjourns on May 6, 2015, as scheduled, and no referendum petition is filed. If the bill passes, Colorado would have the shortest statute of repose for construction claims in the nation. By comparison, several states maintain statutes of repose of 10 years or longer. A “statute of repose” is one of two types of timing limitations that cuts off… Read more

Jun 14, 2013

Standard AIA Contract language may waive “Discovery Rule”

Authored by: Scott Cahalan and Darren Rowles In a recent decision styled Brisbane Lodging, L.P. v. Webcor Builders, Inc., the California Court of Appeals found that a contract clause providing that all causes of action relating to the contract work would accrue from the date of substantial completion of the project abrogated the delayed discovery rule, which would otherwise delay accrual of a cause of action for latent construction defects until the defects were, or could have been, discovered. In July 1999, Brisbane and Webcor entered into a contract for the design and construction of a Radisson hotel. The construction contract… Read more