CTS Corp. v. Waldburger
| Docket Number | 13-339 |
| Decision Date | 09 June 2014 |
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274 cases
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Everhart v. Coshocton Cnty. Mem'l Hosp.
..."they operate differently and have distinct applications." Wilson at ¶ 8, citing Antoon at ¶ 11, citing CTS Corp. v. Waldburger , 573 U.S. 1, 7, 134 S.Ct. 2175, 189 L.Ed.2d 62 (2014). The Wilson court examined the two terms, writing:A statute of limitations establishes "a time limit for sui......
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Davis v. Mercy St. Vincent Med. Ctr.
...] of limitations emphasize[s] plaintiffs’ duty to diligently prosecute known claims." Id. at ¶ 10, citing CTS Corp. v. Waldburger , 573 U.S. 1, 8, 134 S.Ct. 2175, 189 L.Ed.2d 62 (2014). It "operates on the remedy, not on the existence of the cause of action itself." Id. , citing Mominee v. ......
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Maxus Liquidating Trust v. YPF S.A. (In re Maxus Energy Corp.)
...of repose in the Ohio and Wisconsin UFTAs and statutes of repose are not subject to tolling. See CTS Corp. v. Waldburger , 573 U.S. 1, 9-10, 134 S.Ct. 2175, 189 L.Ed.2d 62 (2014) ("Statutes of repose [unlike statutes of limitations], generally may not be tolled, even in cases of extraordina......
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Miller v. Black Diamond Capital Mgmt., L.L.C. (In re Bayou Steel BD Holdings, L.L.C.)
..., 770 F. Supp. 490, 494 (D. Minn. 1989), aff'd, 909 F.2d 511 (8th Cir.1990) ; Witco 38 F.3d at 690.99 CTS Corp. v. Waldburger , 573 U.S. 1, 9, 134 S.Ct. 2175, 189 L.Ed.2d 62 (2014).100 See Levin Metals , 817 F.2d at 1451 (interpreting a California dissolution statute and explaining that the......
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6 firm's commentaries
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The Supreme Court Of The United States Holds That ESOP Fiduciaries Are Not Entitled To A Presumption Of Prudence, Clarifies Standards For Stock Drop Claims
...there is no special presumption of prudence for fiduciaries of employee stock ownership plans (“ESOPs”). Fifth Third Bancorp v. Dudenhoeffer, No. 12-751, 573 U.S. ___ (June 25, 2014) (slip The Employee Retirement Income Security Act of 1974, as amended (“ERISA”) imposes legal duties on fidu......
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Securities Litigation Alert: Ninth Circuit Clarifies Standards Governing The Statute Of Limitations For Private Claims Under Section 10(b) Of The Securities Exchange Act Of 1934
...v. Resh, 138 S. Ct. 1800, 1804 (2018) (recognizing that section 1658(b) "has a five-year statute of repose"). 33 CTS Corp. v. Waldburger, 573 U.S. 1, 9 (2014) (citation 34 Id.; see California Pub. Emps.' Ret. Sys. v. ANZ Sec., Inc., 582 U.S. 497, 507 (2017) (statute of repose "create[s] 'an......
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4th Circuit Revisits N.C.’s Statute of Repose; No Bar to Hazardous Waste-Related Personal Injury Claims
...its argument in the instant case: “The Supreme Court in Waldburger held that the North Carolina statute of repose was not preempted. 134 S. Ct. at 2185-88. At issue here is whether the non-preempted North Carolina statute applies to claims arising from disease. This issue was not before the......
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U.S. Supreme Court Rules on the Patentability of Software Patents
...768 F.Supp.2d 221, 252 (D.D.C. 2011). [iv] 685 F.3d 1341 (Fed. Cir. 2012). [v] 717 F.3d 1269 (Fed. Cir. 2013). [vi] Id. at 1273. [vii] 573 U.S. at 1. [viii] Id. at 6 (internal quotations and citations omitted). [ix] 132 S. Ct. 1289 [x] 573 U.S. at 7 (internal quotation omitted). [xi] Id. at......
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13 books & journal articles
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Rights, Structure, and Remediation: The Collapse of Constitutional Remedies.
...140 S. Ct. 1335 No No WILKIE V. ROBBINS 551 U.S. 537 No No ARMOUR V. CITY OF INDI- ANAPOLIS 566 U.S. 673 No No CTS CORP. V. WALDBURGER 573 U.S. 1 No No HALL STREET ASSOCIATES, LLC V. MATTEL, INC. 552 U.S. 576 No No JOHN R. SAND & GRAVEL CO. V. UNITED STATES 552 U.S. 130 No No KAWASAKI K......
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CONSTITUTIONAL ENVIRONMENTAL LAW, OR, THE CONSTITUTIONAL CONSEQUENCES OF INSISTING THAT THE ENVIRONMENT IS EVERYBODY'S BUSINESS.
...Thing in the Constitution or Laws of any State to the contrary notwithstanding." U.S. CONST, art. VI, cl. 2. (18) CTS Corp. v. Waldburger, 573 U.S. 1, 17-18 (19) 42 U.S.C. [section] 9658(a)(2) (2012). (20) 33 U.S.C. [section] 1322(f)(1)(A), (n)(6)(A) (2012). (21) E.g., id. [section] 1370 (c......
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The Supreme Court Opens a Door in ARCO v. Christian, Part Two
...of ‘purposes’ that only we can see, that may seem perfectly logical to us, but that lack the democratic 39. CTS Corp. v. Waldburger, 573 U.S. 1, 4, 44 ELR 20125 (2014). To the extent restoration damages recovered from a PRP under state law are spent on remediation, they similarly help promo......
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Stern Claims and Article Iii Adjudication—the Bankruptcy Judge Knows Best?
...98 Stat. 344, note following 28 U.S.C. § 151.112. Arkison, 134 S. Ct. at 2173.113. Id. at 2174.114. 28 U.S.C. § 157(c)(1).115. Arkison, 134 S. Ct. at 2175.116. In Field v. Mirikitani (In re Mirikitani), No. 05-03693, 2016 WL 7367760, at *2 (Bankr. D. Haw. Dec. 19, 2016), the bankruptcy cour......
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