Topic
Discovery Rule
29 published works
The IP Law Blog
The Briefing: NBA Teams Fight Back Against Trolling – The Validity of the Discovery Rule at Stake
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…
Legal Profession Blog
Discovery Rule And Use Of Photos By Adult Nightclub
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…
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…
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
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…
Energy & the Law
Landowners Vanquished by the Discovery Rule
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…
Tort Talk
Discovery Rule Found Inapplicable in Case of Dismissal of Claim Against PennDOT on Statute of Limitations Grounds
In its non-precedential decision in the case of Rupert v. Campus Crafts, Inc., No. 90 C.D. 2020 (Pa.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.…
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. §…
Tort Talk
Plaintiff’s Claims Not Saved By Discovery Rule; Statute of Limitations Applied
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…
Tort Talk
Discovery Rule/Statute of Limitations Applied in Products Case
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…
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…