Tag: Statute of Limitations

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

Contract Ambiguity Affected Accrual of Claim, and Statute of Limitations Analysis

Stan Martin | Commonsense Construction Law LLC | June 2, 2018 A seemingly minor ambiguity in contract terms, probably unnoticed at the time, has affected the timeliness of a claim for construction defects. The contract was signed in 2008, after the 2007 updates to the AIA contract forms had been published. The contract form, in… Continue reading Contract Ambiguity Affected Accrual of Claim, and Statute of Limitations Analysis

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

Deconstructing Construction Claims – Issues to Consider When Handling Construction Defect Subrogation

William L. Doerler and Victoria Phillips | CLM | May 3, 2018 Construction defect claims often are complicated by a variety of issues, including those related to the statute of repose and contractual bars to recovery. In order to maximize the subrogation potential for these claims, you should deconstruct any potential subrogation barriers and, upon… Continue reading Deconstructing Construction Claims – Issues to Consider When Handling Construction Defect Subrogation