Diane Drain
JANUARY 30, 2021
The Arizona Statute of Limitations Applicable to Collection Lawsuits and Non-Judicial Trustee’s Foreclosure Sales of Real Property, article by Larry O. 2007) (a cause of action “accrues” each time a party fails to perform as required by the contract) and Ortiz v. Folks, Folks Hess, PLLC (1/2021). Short answer: No.
At the Lectern
JULY 6, 2023
Responding to questions asked by the Ninth Circuit about California law, the court’s unanimous opinion by Justice Carol Corrigan precludes an action alleging a construction worker’s wife contracted COVID from her husband due to his employer’s failure to abide by government health orders at the beginning of the pandemic.
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The IP Law Blog
MARCH 23, 2023
The Ninth Circuit recently addressed the issue of whether parties can contractually agree to shorten the statute of limitations period for bringing a copyright infringement claim. Normally, the statute of limitations for a copyright violation is three years. In an unpublished opinion in the case, Evox Productions, LLC v.
Conflict of Laws
MAY 31, 2021
In Maska the 1st claimant/respondent instituted an action for summary judgment against the defendant/appellant and the 2nd respondent at the High Court of Katsina State for breach of contract. The 1 st claimant/respondent also alleged that the defendant/appellant failed to pay for the goods, which resulted in the present action.
Day on Torts
MAY 5, 2021
The Tennessee Supreme Court recently explained the analysis for whether a statute creates a private right of action. Plaintiff general contractor brought this action in chancery court, asserting that it had a private right of action pursuant to a Tennessee statute. In Affordable Construction Services, Inc.
SCOTUSBlog
APRIL 28, 2022
The Supreme Court has previously held that private plaintiffs may secure a particular judicial remedy for the violation of spending clause statutes only if the defendant that received federal funds is on notice that it exposes itself to that remedy by accepting the funds. In Thursday’s ruling in Cummings v.
SCOTUSBlog
JUNE 8, 2023
Section 1983 provides a cause of action against any person acting under color of state law who deprives a person of “rights, privileges, or immunities secured by the Constitution and laws” of the United States. The sine qua non is incompatibility between Section 1983 enforcement and any enforcement scheme in the statute.
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