United States Supreme Court Holds Federal Statute of Limitations Tolling Provision “Stops” Remaining Time to File State Law Claims Under Applicable State Statute of Limitations

In a 5 to 4 decision, Artis v. District of Columbia, 199 L. Ed.2d 473 (2018), the United States Supreme Court has held that 28 USC § 1367, the "supplemental jurisdiction" statute containing a statute of limitations tolling provision, stops the remaining time within which to file state law claims if the federal suit is dismissed. The holding [...]

Insurers and Businesses Should Always Consider What Options are Available for Insurance Coverage and Recovery of Insurance Assets When Facing a Dispute, Claim or Lawsuit

One of the most important ways insurance companies and businesses can manage their assets and control their liability is to think creatively about insurance and insuring agreements in managing their day-to-day business operations.  Disputes, claims, and yes, lawsuits often arise in the ordinary course of thriving and vibrant businesses.  This is a natural consequence of [...]

Supreme Court Affirms Important Principle Regarding What Truly Constitutes a “Genuine” and Therefore “Material” Question of Fact Sufficient to Survive a Summary Motion for Judgment

In Fuhr v. Trinity Health Corp., et al., Supreme Court No. 147158, the Michigan Supreme Court peremptorily reversed the Court of Appeals decision to affirm denial of summary judgment to the defendants (hospital) in a Whistleblower's Protection Act (WPA) lawsuit filed by a former employee.  The plaintiff alleged he was terminated because of a call he placed [...]

Federal Committee Issues Proposed Amendments to the Federal Rules of Bankruptcy and Civil Procedure

On August 15, 2013, the Committee on Rules of Practice and Procedure of the Judicial Conference of the United States issued a Preliminary Draft of Proposed Amendments to the Federal Rules of Bankruptcy and Civil Procedure inviting written comments by February 15, 2014. The proposed changes to the Federal Rules of Civil Procedure are focused heavily [...]