statute of limitations News

Earlier Medical Event Does Not Shield Later Negligent Acts: Massachusetts High Court

The Massachusetts seven-year statute of repose for medical malpractice claims does not shield professionals against separate acts of negligent treatment that allegedly occurred in the years after a disputed medical event more than seven years ago. The ruling came in …

No Time Limit on Adding Dependent to Open Workers Comp Claim: NH High Court

Adding a dependent to an open workers’ compensation death benefits claim does not constitute a separate claim, the New Hampshire Supreme Court ruled last week. Furthermore, the court concluded, there is no statutory time limit for the dependent of a …

Maryland Supreme Court Upholds Child Victims Act

The Maryland Supreme Court, in a 4-3 ruling, has upheld the Child Victims Act as constitutional. The Child Victims Act (CVA) enacted in 2023 eliminates restrictions put in place in 2017 that had prevented many adult victims of child sexual …

Maine High Court Invalidates Law Erasing Time Limit on Child Sex Abuse Claims

In a 5-2 opinion, the Maine Supreme Court has declared unconstitutional a 2021 state law that eliminated the statute of limitations for claims of sexual abuse of minors. The ruling is a victory for the Roman Catholic Church of Portland …

How Social Media Complicates Defamation Claims and How to Handle Them

Five professional models who sued long after a state’s three year statute of limitations expired may pursue their defamation claims against an adult entertainment nightclub for posting their images to the giant social media site Facebook without their permission. However, …

Harvard Contract Breach Claims Blaming Marsh for Its $15M Insurance Denial Filed Too Late, Judge Rules

After losing two bids to recover $15 million from its insurer for costs related to its failed legal defense of its admissions policy, Harvard University has now failed in a bid to hold its insurance broker Marsh responsible for breach …

Former Washington NFL Player Denied Workers’ Compensation for Hip

Stuart Anderson, who played linebacker for the National Football League’s Washington Redskins (now known as the Washington Commanders) in the mid-1980s, has lost his bid to collect workers’ compensation medical benefits. Anderson filed clams in 2018 and 2019 seeking benefits …

Filing a Day Late Leaves Insurer Short Under Mississippi’s Statute of Limitations

The Mississippi Supreme Court has ruled that an insurer misunderstood when a three-year statute of limitations begins in dismissing the insurer’s claims relating to a fire on an insured’s property. The high court affirmed that a statute of limitations begins …

Massachusetts High Court Affirms Limit on Wrongful Death Suits in Tobacco Ruling

If a person’s right to bring a personal injury lawsuit has expired by the time of his or her death, the person’s estate is barred from bringing a wrongful death suit in Massachusetts for the benefit of the beneficiaries. The …

Fla. High Court: 2-Year Statute of Repose Applies, Even in Liability Insurance Suits

A Florida Supreme Court decision has put to rest some questions about whether a statute of limitations on lawsuits can be extended just because the insurance carrier is a party being sued. It cannot, the court held last week in …