Please ensure Javascript is enabled for purposes of website accessibility
Home (page 2)

Tag Archives: statute of limitations

Second Circuit — ERISA: Muto v. CBS Corporation

U.S. Court of Appeals for the Second Circuit ERISA Statute of Limitations — Borrowing Statutes Muto v. CBS Corporation 10-3038-cv Judges Livingston, Lohier and Carney Background: The plaintiffs appealed the dismissal of their class action complaint against their former employer ...

Read More »

Second Circuit – ‘Habeas Corpus’: Collins v. Ercole

U.S. Court of Appeals for the Second Circuit ‘Habeas Corpus’ Statute of Limitations — Tolling Collins v. Ercole 10-2331-pr Judges Livingston, Lohier and Carney Background: The petitioner appealed from a judgment and order granting the respondent’s motion to dismiss the ...

Read More »

WDNY — Post-Release Supervision: Bloom v. Fischer, et al.

U.S. District Court, WDNY Post-Release Supervision Statute of Limitations Bloom v. Fischer, et al. 11-cv-6237L Judge Larimer Background: The pro se plaintiff brought an action against the New York State Department of Correctional Services alleging that the defendant violated his constitutional ...

Read More »

Second Circuit — Right-to-sue Letter: Tiberio v. Allergy Asthma Immunology of Rochester

U.S. Court of Appeals for the Second Circuit Right-to-sue Letter Statute of Limitations Tiberio v. Allergy Asthma Immunology of Rochester 11-2576-cv Judges Miner, Cabranes, and Wesley Background: The plaintiff appealed from the dismissal of her Americans with Disabilities Act claim ...

Read More »

WDNY — Statute of Limitations: Smolen v. Berbary, et al.

U.S. District Court, WDNY Statute of Limitations Prison Mailbox Rule Smolen v. Berbary, et al. 08-cv-6144 CJS Judge Siragusa Background: The plaintiff, an inmate housed at the Attica Correctional Facility, alleged that the defendants permitted two inmate porters to assault ...

Read More »

Fourth Department — Tax Exempt Status: New York Mills Redevelopment Co., et al. v. Town of Whitestown, et al.

Appellate Division, Fourth Department Tax Exempt Status Statute of Limitations — Actual Notice New York Mills Redevelopment Co., et al. v. Town of Whitestown, et al. CA 11-00277 Appealed from Supreme Court, Oneida County Background: The petitioners owned and operated ...

Read More »

Telephone Consumer Protection Act: Giovanniello v. ALM Media LLC

U.S. Court of Appeals for the Second Circuit Telephone Consumer Protection Act Statute of Limitations Giovanniello v. ALM Media LLC 10-3854-cv Judges Raggi, Lohier and Wallace Background: The plaintiffs-appellants appealed from a judgment dismissing as time-barred a putative class action that ...

Read More »

Statute of Limitations: Casey v. Merck & Co. Inc.

U.S. Court of Appeals for the Second Circuit Statute of Limitations Cross-Jurisdictional Tolling Casey v. Merck & Co. Inc. 10-1137-cv(L) Judges Sack, Livingston and Lohier Background: The plaintiffs in four cases collectively appealed from an order that granted summary judgment ...

Read More »

Statute of Limitations: Int’l Strategies Grp. Ltd. v. Ness

U.S. Court of Appeals for the Second Circuit Statute of  Limitations Tolling — Continuing Course of Conduct Int’l Strategies Grp. Ltd. v. Ness 10-1581-cv Judges Jacobs, Cabranes and Kravitz Background: The plaintiff appealed an order dismissing its complaint as untimely. The ...

Read More »

School Districts: Roslyn Union Free School District v. Barkan

New York State Court of Appeals School Districts Statute of Limitations Roslyn Union Free School District v. Barkan No. 64 Judge Graffeo Background: An accounting of the school district’s financial records revealed that the former assistant superintendent had stolen $223,000 ...

Read More »

Employment Discrimination: Singletary v. Sentry Group (SAFE)

U.S. District Court, WDNY Employment Discrimination Statute of Limitations Singletary v. Sentry Group (SAFE) 10-CV-6627-CJS Judge Siragusa Background: The plaintiff commenced an action against his former employer alleging that he had been discriminated against because of his age and race. ...

Read More »