JURIST

MAY 10, 2024

Some courts have interpreted “accrued” to be when “an infringing act occurs.” ” The Eleventh Circuit was the lower appellate court for this case, and it interpreted “accrued” to be when “the plaintiff discovers, or with due diligence should have discovered,” the infringement.

Court Rules 220

Court Rules Court Diligence Statute 220

Constitutional Law Reporter

JULY 23, 2024

As enacted in 1984, the statute at issue in the case, 18 U.S.C. Justice Kavanaugh cited that six reasons that, taken together, led the Court to conclude that §666 is a bribery statute and not a gratuities statute—”text, statutory history, statutory structure, statutory punishments, federalism, and fair notice.”

Statute 52

Statute Court Rules Court Contract 52

SCOTUSBlog

APRIL 20, 2023

But the real context of Justice Ketanji Brown Jackson’s opinion for a unanimous court is a burgeoning line of cases that address a common problem in statutory interpretation. But if they are not, then often litigants will lose the opportunity to press them if they are not diligent. Now we get to the issue before the court.

Court Rules 102

Court Rules Court Statute Litigating 102

Day on Torts

FEBRUARY 18, 2021

HCLA statute of limitations for claim against doctor and hospital began to run on same date. Defendants moved to dismiss the case based on the statute of limitations, arguing that the one-year limitations period for this HCLA claim began to run on October 31, 2017 when plaintiff learned that the screws had been inserted incorrectly.

Statute 64

Statute Cause of Action Diligence Court 64

Patently O

APRIL 3, 2023

The court also addressed the burden of proof in estoppel cases, with the Federal Circuit holding that it lies with the party seeking the estoppel — a ruling that aligns with traditional practice and the best reading of the statute. In my view, this result better aligns with both tradition and the reading of the statute.

Diligence 113

Diligence Statute Construction Court 113

SCOTUSBlog

APRIL 25, 2022

Tax Court has the power to excuse the missed deadline for equitable reasons, the Supreme Court ruled on Thursday in a unanimous decision. It held instead that the statute is not jurisdictional, and that equitable tolling is an available argument in Tax Court. But the court rejected the government’s argument.

Statute 99

Statute Court Diligence Government 99

Day on Torts

MAY 18, 2022

Plaintiff asserted various claims against defendants, including breach of contract, fraud, intentional misrepresentation, and negligence, all of which the trial court dismissed as untimely pursuant to the three-year statute of limitations applicable to claims of injuries to real property. In Simpkins v. John Maher Builders, Inc. ,

Tort 59

Tort Statute Diligence Contract 59