Tag Archives: Statute Of Limitations
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SCOTUS Opinion: Limitations on CERCLA Contribution Claims Only for CERCLA-Specific Liabilities
The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) established the framework for who should pay for environmental issues. In particular, CERCLA allows “a person who has resolved its liability to the United States or a State” in a settlement to raise a contribution claim from another responsible individual. In 2004, the Territory of Guam settled litigation initiated ... Read More
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SCOTUS Opinion: Court Treats Fabrication Of Evidence Claim As Malicious Prosecution For Statute Of Limitations Purposes
In McDonough v. Smith, a commissioner of a county board of elections in New York was indicted by the district attorney for forging absentee ballots. The district attorney used fabricated evidence to secure a grand jury indictment, and used fabricated testimony at trial. After a mistrial, the commissioner was ultimately acquitted on all charges. Just under three years later, ... Read More
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SCOTUS Opinion: Court Expands Limitations Period For Qui Tam Actions
Under the False Claims Act, a qui tam civil action must be brought either within six years of the alleged statutory violation, or three years after the U.S. official charged with responsibility to act knew or should have known the relevant facts, but not more than 10 years after the violation, whichever is later. The issue in Cochise Consultancy, ... Read More
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DC Circuit Applies Discovery Rule To Erroneous Land Surveys Of Commercial Land
The case of Commonwealth Land Title Insurance Company v. KCI Technologies, Inc., concerns a title insurance company’s suit against two surveyors whose surveys failed to find a 12-inch encroachment on a parcel of commercial real property. Before purchasing the property, ICG 16th Street Associates commissioned a land survey that found no encroachment. The next year, it purchased the property ... Read More
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Court Limits Tolling Of Statute Of Limitations In Class Actions To Future Filers
Under prior Court precedent, when a class action is filed but then fails to gain certification, the statute of limitations is tolled for those within the putative class, allowing them to intervene as individual plaintiffs in that action, or bring an individual suit. In China Agritech, Inc. v. Resh, instead of bringing a separate individual suit or intervening, the ... Read More