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Showing 2 posts in Statutes of limitation‎s.

Third Circuit Derails “Executive Fast Track” Case

A contract between an executive and an employer does not always have to be in writing.

Sometimes, employees can enforce oral promises. Agreements can also be implied based on the parties’ conduct, even when no one made a promise, either in writing or orally.

But contracts that aren’t in writing can be much harder to enforce, as the Third Circuit’s recent decision in Steudtner v. Duane Reade, Inc. shows. Read More ›

Time Waits for No One...and No Lawsuit

Expired Parking MeterTiming is everything, they say.  That’s especially true when it comes to filing a lawsuit: if your timing is off and you file after the statute of limitations – the amount of time the law allows you to bring your suit – has expired, you can be out of luck.  It becomes more complicated because each state has its own set of these time limits.  Some states give you plenty of time to sue.  Others, not so much. 

In the employment context, the former general counsel of Martha Stewart Living Omnimedia learned that lesson this week the hard way.  Gregory Barton sued his former employer, alleging he was denied the right amount of severance pay after he was asked to leave the company.  Barton thought New York’s window of six years to bring his suit applied.  Wrong, held the New York judge as she dismissed his case: Delaware’s one year limit applied. Read More ›