The following summaries are of recent published decisions of the California appellate courts, the Ninth Circuit, and the United States Supreme Court. The summaries are presented without regard to whether Severson & Werson represented a party in the case.
Assuming without deciding that the discovery rule applies to extend the otherwise applicable 3-year statute of limitations on copyright infringement claims, this opinion hold that a plaintiff's damages are not limited to those suffered in the three years before suit was filed. The statute of limitations bars untimely suit. It does not govern damage recovery. The Copyright Act's remedial provisions… Read More
Claims for prenatal injuries to a baby caused by the mother’s exposure to toxic chemicals are governed by the two-year statute of limitations for personal injuries from exposure to toxic chemicals, which includes tolling provisions for minors and for delayed discovery. Read More
A derivative action against Google’s executives was properly dismissed as the plaintiff shareholders were on inquiry notice of their claim outside the limitations period. Read More
A limitations period runs from the date plaintiff suffers injury or the date she discovers the facts showing its wrongful cause, whichever is later. Read More
Plaintiff could not rely on the delayed discovery rule to toll the limitations period on his fraud claim, because memoranda dating to the time of the alleged fraud—which were presented as part of plaintiff’s own evidence—disclosed the very facts which gave rise to the claim. Read More
Delayed discovery cannot be used to circumvent a limitations period triggered by events giving prospective plaintiffs constructive knowledge of their claim, such as, here, the 180-day limitations period for suing to challenge a public entity’s failure to comply with the California Environmental Quality Act. Read More
