We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.

Search results

Order by: most recent most popular relevance

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