LexisNexis® Legal Newsroom
Vetstein Law Group: Appeals Court Resurrects Toxic Mold Claim Against Admiral’s Hill Condominium

By Richard D. Vetstein, ESQ Application of "Discovery Rule" Enables Toxic Mold Claim To Survive Dismissal Toxic mold is a dangerous condition that can arise in buildings with untreated water leaks and penetration. The most common form of "toxic mold" is Stachybotrys chartarum...

Sheppard Mullin Richter & Hampton LLP: Decision to Deny a Zoning Change Subject to 90-Day Statute of Limitation

General Development Co., L.P. v. City of Santa Maria , 2d Civil No. B228631 (Super. Ct. No. 1320579) (Cal. Ct. App. 2nd Dist., January 25, 2012) By Katharine J. Mueller An action challenging a legislative body's decision to deny a zone change is subject to a 90-day limitation period set forth...

Ballard Spahr LLP: Borrower Cannot Sue after Three Years To Rescind Mortgage Loan, 10th Circuit Rules

By the Consumer Financial Services Group A borrower cannot bring a lawsuit seeking rescission more than three years after loan consummation, the U.S. Court of Appeals for the 10th Circuit has ruled. In its June 11, 2012, decision in Rosenfield v. HSBC Bank, USA , the 10th Circuit rejected the...

Duane Morris LLP: Third Circuit Ruling Affords Defendants Protection from Amended Complaints After Statute of Limitations Runs Out

The U.S. Court of Appeals for the Third Circuit limited plaintiffs' ability to add claims to a complaint under the relation back provision of Federal Rule of Civil Procedure 15(c) in Glover v. FDIC , No. 11-3382 (Sept. 5, 2012). The Third Circuit limits plaintiffs' ability to use the relation...

Statute of Limitations Update in Florida Foreclosure Actions: Fifth District Court of Appeals Holds that Each Default Creates a New Case of Action

I. The Opinion On April 25, 2014, the Fifth District Court of Appeals issued an important opinion in U.S. Bank Nat’l Ass’n v. Bartram , No. 5D12-3823, 2014 Fla. App. LEXIS 6057 (Fla. 3d DCA Apr. 25, 2014), [ enhanced version available to lexis.com subscribers ], holding that “a default...

New Jersey Supreme Court Addresses Statute of Repose in Multi-Phase Project

By Robert M. Palumbi In State v. Perini Corp., et. al . (2015 N.J. LEXIS 388) (N.J. April 30, 2015), the New Jersey Supreme Court, [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ], interpreted the state’s ten year statute of repose (N.J.S.A. 2A:14-1...