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Discovery Rule

29 published works

  1. The IP Law Blog

    The Briefing: NBA Teams Fight Back Against Trolling – The Validity of the Discovery Rule at Stake

    By Scott Hervey, Tara Sattler

    https://youtu.be/ZXNjmEWSITI A petition is calling for the Supreme Court to decide on the validity of the “discovery rule,” which allows copyright claims long after the alleged infringement. NBA teams like…

  2. Legal Profession Blog

    Discovery Rule And Use Of Photos By Adult Nightclub

    By Michael Frisch

    In response to a certified question concerning the application of the discovery rule for statute of limitations purposes, the Massachusetts Supreme Judicial Court provided guidance to the District Court.The suitThe…

  3. Incontestable Blog

    Fifth Circuit Upholds “Discovery Rule” in Affirming Victory for Photographer in Copyright Suit

    By Publisher

    Under the Copyright Act of 1976, a civil action for copyright infringement must be “commenced within three years after the claim accrued.” 17 U.S.C. § 507(b). But when does a claim…

  4. Winstead Business Divorce

    The Texas Supreme Court Affirms A Summary Judgment For A Fiduciary Defendant Based On The Statute Of Limitations And The Duty To Use Reasonable Diligence To Discover Claims

    By David Fowler Johnson

    Often in business divorce cases, one party will assert that the other party breached fiduciary duties. The defending party may then raise a statute of limitations defense, arguing that the…

  5. Energy & the Law

    Landowners Vanquished by the Discovery Rule

    By Charles Sartain

    Co-author Jamie Mills* Is it worth spending extra dollars, days, and windshield time to discover what mischief your oil and gas operator might be making on your property? The landowner-plaintiffs…

  6. Tort Talk

    Discovery Rule Found Inapplicable in Case of Dismissal of Claim Against PennDOT on Statute of Limitations Grounds

    By Daniel Cummins

    In its non-precedential decision in the case of Rupert v. Campus Crafts, Inc., No. 90 C.D. 2020 (Pa. Cmwlth. Oct. 27, 2021 Jubelirer, Jr., Wojcik, J., and Leadbetter, S.J.) (Op.…

  7. The Antitrust Attorney Blog

    What is the statute of limitations for a federal antitrust claim?

    By Bona Law PC

    Author: Jarod Bona The short answer to the statute-of-limitations question is that an antitrust action must be commenced “within four years after the cause of action accrued.” (15 U.S.C. §…

  8. Tort Talk

    Plaintiff’s Claims Not Saved By Discovery Rule; Statute of Limitations Applied

    By Daniel Cummins

    In the case of Tily v. Ethicon, Inc., No. 20-2582 (E.D. Pa. Sept. 8, 2020 Quinones Alejandro, J.), the court granted summary judgment in a claim arising out of allegations…

  9. Tort Talk

    Discovery Rule/Statute of Limitations Applied in Products Case

    By Daniel Cummins

    In the case of Kennedy v. Ethicon, Inc., No. 5:20-CV-00185 (E.D. Pa. July 20, 2020 Leeson, J.), the court granted a Defendant’s summary judgment under the two (2) year statute…

  10. Dig Deeper

    Bad Timing Blocks Sanctions Over Discovery in Lawsuit Likely to Revolve Around Bad Timing

    By M.J. Moye

    “Bad timing” is often used to explain failure or why bad things happen. In the case of Marysville, California resident Joseph Nevis, bad timing likely led in part to the…