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Results:1-10 of 320

Statute of Limitations Leaves Plaintiff SOL
  • Weil Gotshal & Manges LLP
  • USA
  • May 16 2018

Finding his claims were time-barred, the Fourth Circuit recently affirmed the dismissal of Appellant’s complaint in Ferro v. Volvo Penta of the


A Circuit Split is Born: Third Circuit Rejects the Discovery Rule for FDCPA Statute of Limitations
  • Baker Sterchi Cowden & Rice LLC
  • USA
  • May 16 2018

In an en banc opinion issued yesterday, the Third Circuit Court of Appeals upheld the district court’s holding that the statute of limitations period


A Bad Week for Copycat Relators: Fourth and D.C. Circuits Say First-to-File Bars Cases Brought While Earlier-Filed Cases Were Pending Even After Earlier Case Is Dismissed
  • Vinson & Elkins LLP
  • USA
  • August 3 2017

Defendants facing serial, related qui tam cases should breathe a collective sigh of relief because the Fourth Circuit and the D.C. Circuit have just


Fourth Circuit Holds Filing Of State Action Does Not Toll Federal Statute Of Limitations
  • Phelps Dunbar LLP
  • USA
  • June 16 2017

The U.S. Fourth Circuit Court of Appeals has held that a state law bad faith law suit pled within a year of a claim denial does not toll the federal


Fourth Circuit Weights in on the Time Barred Proof of Claim Debate
  • Smith Debnam Narron Drake Saintsing & Myers LLP
  • USA
  • August 31 2016

Joining the proof of claim fray, the Fourth Circuit has held that the filing of a time barred proof of claim does not violate the FDCPA when the


Fourth Circuit Falls in Line with Second and Eighth Circuits Holding that Filing a Proof of Claim on a Time-Barred Debt Does Not Violate the FDCPA
  • Burr & Forman LLP
  • USA
  • August 30 2016

In Dubois v. Atlas Acquisitions LLC, Case No. 15-1945 (4th Cir. Aug. 25, 2016), the Fourth Circuit Court of Appeals held in a 2-1 decision that


4th Cir. Holds Time-Barred Proof of Claim Does Not Violate FDCPA
  • Maurice Wutscher LLP
  • USA
  • August 30 2016

In a split decision, the U.S. Court of Appeals for the Fourth Circuit recently held that “filing a proof of claim in a Chapter 13 bankruptcy based on


Fourth Circuit holds consent to class arbitration is a question for courts
  • Baker McKenzie
  • USA
  • July 13 2016

In Dell Webb Communities, Inc. v. Carlson, No. 45-1385 (4th Cir. Dec. 9, 2015), the Fourth Circuit held that whether parties gave consent to class


Can I Get a Money Judgment If I Can’t Locate the Defendant or If He Resides Out of State?
  • Shutts & Bowen LLP
  • USA
  • July 7 2016

Once you have filed your complaint seeking damages for breach of a lease or guaranty, you are required to serve the party from which you are seeking


Get Out of My Life! Part Two
  • Nelson Mullins Riley & Scarborough LLP
  • USA
  • July 7 2016

Good things come to those who wait. As promised, this edition of the Scrivener completes our journey through Rule 12 motions, having traveled in the