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Showing 4 posts in Statutes of limitation‎s.

The Clock is Ticking: Supreme Court Rules on Statute of Limitations for Constructive Discharge

Last week, the U.S. Supreme Court issued a plaintiff-friendly decision resolving disagreements over the question of when a constructive discharge claim accrues. The lower courts didn’t agree on when the clock should start ticking on claims by employees that they were forced to quit, creating uncertainty for plaintiffs who faced the possibility that their claims would be barred by the statute of limitations if they didn’t sue soon enough. Read More ›

Top Issues in Executive Disputes to Watch in 2016

We’ve counted down our top posts from 2015, from American Apparel to Dr. Robert Schuller. Now, we look at the issues in executive disputes that are likely to draw the most attention in 2016. Read More ›

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 ›