Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
The Doctrine of Equitable Tolling and Vaccine Claims
The limitations period for the filing of claims under the “Vaccine Act” has kept many from recovering for vaccine-related injuries. The National Childhood Vaccine Injury Act of 1986, 42 U.S.C. ” 300aa-1 to -34 (Vaccine Act), allows a 36-month window from the time a vaccine-related injury manifests itself to the time of filing. Any claim made after that is barred by the relevant statute of limitations. 42 U.S.C. ' 300aa-16(a)(2).
Still, claimants try to stretch the boundaries, offering varying reasons for why their cases should not be time-barred. Recently, in one such case, Cloer v. Secretary of Health and Human Services, 2011 U.S. App. LEXIS 16449 (Fed. Cir. 9/5/11), the U.S. Court of Appeals for the Federal Circuit reversed a Federal Circuit panel decision and found against a woman who had won the right to pursue her claim. That case, while foreclosing the claimant's right to seek redress, also contained the reversal of a precedent set 10 years earlier in Brice v. Secretary of Health & Human Services, 240 F.3d 1367 (Fed. Cir. 2001). The Brice holding had precluded application of the doctrine of equitable tolling in Vaccine Act cases. Going forward, that rule is not necessarily a bar to late filing, though access to the courts for tardy claimants will remain very limited.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office
A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
Disconnect Between In-House and Outside Counsel
'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.