Topic
Contractual Limitations
18 published works
Roberts Disability Law Blog
Sun Life Defeats LTD Claim as Time-Barred: How a Policy’s Choice-of-Law Clause Determined the Limitations Period
In Gordon v. Sun Life Assurance Co. of Canada, No. 2:25-CV-11132-TGB-KGA (E.D. Mich. Mar. 31, 2026), United States District Judge Terrence G. Berg granted Sun Life’s motion to dismiss an…
Debevoise & Pimpton Data Blog
AI’s Biggest Enterprise Challenge in 2026: Contractual Use Limitations on Data
By Avi Gesser
We recognize it’s a little early to make the call for the biggest AI challenge for 2026, but we’re pretty confident that NDAs and other contractual use limitations are about…
Sidley Austin Blog
Texas Business Court Weighs In on Contractual Restrictions on Fiduciary Duties
By Heather Benzmiller Sultanian, Katherine M. Surma
Earlier this month, in one of the first opinions in which the newly established Texas Business Court has addressed the merits of a claim, the court granted in part and…
Minding Your Business
FTC to Dealmakers: Don’t Interfere with Investigations
By John R. Ingrassia, Colin Kass
On June 15, 2023, the Federal Trade Commission’s Bureau of Competition issued a statement on the relationship between voluntary interviews with the agency and contractual provisions that require or limit…
Ahead of Schedule
Washington Supreme Court Ruling Could Bring Changes to the Construction Industry
By Evan Brown, Karl Oles
Originally published by the Seattle Daily Journal of Commerce on November 3, 2022. In a 5-4 decision, the Washington Supreme Court recently ruled in Tadych v. Noble Ridge Construction, Inc. that a…
Delaware Corporate & Commercial Litigation Blog
Chancery Explains Policy Limits to Contractual Restrictions on Fraud Claims
A recent Delaware Court of Chancery decision is noteworthy for its clarification of the nuanced contours of Delaware law regarding contractual restrictions on the perennial feature of Delaware commercial litigation,…
Boom: The ERISA Law Blog
Disability Policies: “Counting the Days” to Application of the Contractual Limitations Provision
By Mike Reilly
You already know about the contractual limitations provision in disability policies. The provision works to bar untimely lawsuits. So, it is no surprise that the interpretation/application of these provisions has…
Insurance Law Hawaii
Insurer’s Attempt to Limit Additional Insured Status Fails
The court disagreed with the insurer's attempt to limit additional insured status based upon the contract between the parties. Mays v. In re All C-Dive LLC, 2017 U.S. Dist.…
Boom: The ERISA Law Blog
ERISA (9th Circuit): Denial Letters — Sometimes Forgotten Arguments to Enforce Contractual Limitations Provisions
By Mike Reilly
Must denial letters inform the claimant, seeking ERISA-governed benefits, about the contractual limitations provision? A recent court trend, like with the First, Third and Sixth Circuits, requires denial letters to…
Employment & Labor
State Law Is Not A “Controlling Statute” Overriding Contractual Limitation
Heimeshoff v. Hartford Life & Acc. Ins. Co., 134 S. Ct. 529 (2013), held that a contractual limitation period in an ERISA plan is enforceable as written unless the period…