NEW YORK – In an action for benefits under Section 502 of the Employee Retirement Income Security Act, the forum state’s statute of limitations, including its borrowing statute, applies, the Second Circuit U.S. Court of Appeals affirmed Feb. 1 (Joseph G. Muto, et al. v. CBS Corporation f/k/a Westinghouse Electric Corporation, et al., No. 10-3038-cv, [...]

SAN FRANCISCO – Attorneys representing the more than 1 million current and former female Wal-Mart employees who were recently denied class certification by the U.S. Supreme Court filed a motion on June 24 in the U.S. District Court for the Northern District of California to extend tolling of the statute of limitations and a second [...]

SAN FRANCISCO – Plaintiffs in separate action and a defense counsel advocacy group recently briefed the California Supreme Court on whether delayed discovery or the continuing violation doctrine tolls the unfair competition law (UCL)’s statute of limitations (Jamshid Aryeh v. Canon Business Solutions Inc., No. S184929, Calif. Sup.; See February 2011, Page 5). Full story [...]