Topic
Continuing Violation
9 published works
Ogletree Deakins Insights
New Jersey Court Revives Whistleblower Claims Based on Continuing Violations
By By: Leslie A. Lajewski, Steven J. Luckner
Quick Hits A New Jersey appellate court reversed a trial court’s dismissal of five CEPA counts, finding the plaintiff’s retaliatory termination claim was timely because CEPA’s one-year statute of limitations…
Wait A Second!
First Department reinstates sex discrimination case
By secondcircuitcivilrightsblogsecondcircuitcivilrig
The Appellate Division has reinstated a sex discrimination case against a securities firm on the basis that the case is not untimely and the plaintiff can argue that her termination…
Consumer Financial Services Law Monitor
Third Circuit Holds that the Continuing Violation Theory is Inapplicable to the FDCPA
By Rachel Ommerman, Virginia Bell Flynn
In an unpublished case, the U.S. Court of Appeals for the Third Circuit held that actions to obtain a judgment and enforce that judgment in a collection lawsuit filed outside…
Bench & Bar of Minnesota
Supreme Court Says No Pay Can Still Play: Abel v. Abbott Northwestern Hospital is a step forward for employees’ rights
By Minnesota State Bar Association
By Thomas E. Marshall The Minnesota Supreme Court’s July 2020 opinion in Abel v. Abbott Northwestern Hospital1 represents a win for employees at several levels: through its broad acceptance of…
California Employment Law Update
“Continuing Violation” Theory Saves Employee’s Sexual Harassment Claim
By Tony Oncidi
Blue Fountain Pools & Spas Inc. v. Superior Court, 2020 WL 4581664 (Cal. Ct. App. 2020) Daisy Arias alleged she suffered sustained, egregious sexual harassment for most of the time…
Drug & Device Law
Eighth Circuit Doesn’t Let Swallowing Pills Swallow the Statute of Limitations
We did a search of the DDL Blog for “continuing violation” and found only one other reference and that was simply to note that the court rejected the theory without…
Wiley Executive Summary
Supreme Court Agrees to Hear “Continuing Violation” ERISA Case
By Kimberly M. Melvin, John E. Howell
The U.S. Supreme Court has agreed to hear a closely-watched ERISA case, Tibble v. Edison International. The court has limited its grant to the question: [w]hether a claim that ERISA…
Virgin Islands Law Blog
Continuing Violations Doctrine Limits Legal Action
By Tom Bolt
James S. Carroll III, Judge of the Superior Court of the Virgin Islands was asked to settle a real estate dispute that originated in 2002. The Defendant Basil Bryan agreed to…
Business and Commercial
Time Out: California Court of Appeal Enforces Statute of Limitations in Class Action Brought Under the UCL
By Sascha Henry
The Second District of California Court of Appeal recently refused to extend the continuing violations doctrine to causes of action brought under the Unfair Competition Law ("UCL"). The Court of Appeal…