Equitable Tolling

1,372 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Thomas v. Attorney Gen., State of Fla., Sec'y, Fla. Dep't of Corr.
  795 F.3d 1286· 11th Cir.· 2015-07-31 ·cited 6×
  William Greg Thomas, sentenced to death in 1994 for murdering his wife to avoid a divorce settlement, appealed the district court's denial of his federal habeas petition on timeliness grounds. The district court initially dismissed the petition as untimely but later granted equit
• Riverwood Nursing Ctr., LLC v. Agency for Health Care Admin.
  58 So. 3d 907· Fla. 1st DCA· 2011-03-10 ·cited 6×
  Riverwood Nursing Center appealed AHCA's dismissal of its untimely administrative hearing request, arguing equitable tolling and relation back to an earlier CMS filing. The First DCA affirmed dismissal, holding that neither equitable tolling nor relation back applied where the fa
• Wainwright v. Sec'y, Dep't OF Corr., Attorney Gen., State of Fla.
  537 F.3d 1282· 11th Cir.· 2007-11-13 ·cited 6×
  Anthony Wainwright, a death row inmate, filed a federal habeas corpus petition six days after the statute of limitations expired under the Antiterrorism Effective Death Penalty Act (AEDPA). The Eleventh Circuit affirmed the district court's dismissal, holding that Wainwright was
• Powell v. Carey Int'l, Inc.
  483 F. Supp. 2d 1168· S.D. Fla.· 2007-04-10 ·cited 6×
  The court held that the taxicab and motor carrier exemptions do not apply, and granted summary judgment for the plaintiffs on these issues, but denied summary judgment on other claims and granted summary judgment for the defendant Vince Wolfington.
• HCA Health Servs. OF Fla., Inc. v. Hillman
  906 So. 2d 1094· Fla. 2d DCA· 2004-12-10 ·cited 6×
  HCA Health Services of Florida appeals a final judgment awarding damages and attorney's fees to three nurses in a whistleblower retaliation action under Florida Statutes § 448.103. The court reversed because the trial court erroneously applied equitable tolling to revive a claim
• Williams v. Albertson's, Inc.
  879 So. 2d 657· Fla. 5th DCA· 2004-08-06 ·cited 6×
  Equitable tolling does not apply to excuse a one-day late filing caused by an attorney assisting another attorney with a personal matter.
• Bocquet v. Ouzid
  225 F. Supp. 2d 1337· S.D. Fla.· 2002-07-18 ·cited 6×
  The court held that the child was wrongfully removed from France, his habitual residence, and ordered his return to France with his mother.
• Brown v. Zaveri
  164 F. Supp. 2d 1354· S.D. Fla.· 2001-07-19 ·cited 6×
  The court held that a Title II claim requires exhaustion of state remedies, negligent retention requires employer knowledge of unfitness, and assault claims against employers fail if the employee's conduct is outside the scope of employment. Intentional infliction of emotional di
• Aimen Mahoud Abusalameh v. Dep't of Bus. Reg.
  627 So. 2d 560· Fla. 4th DCA· 1993-12-01 ·cited 6×
  The Florida Fourth District Court of Appeal reversed a summary revocation of an alcoholic beverage license, holding that the Department of Business Regulation could not find a waiver of hearing rights where it had cancelled the only scheduled hearing without rescheduling or provi
• Heck v. Humphrey
  997 F.2d 355· 7th Cir.· 1993-07-01 ·cited 6×
  A pro se prisoner's civil rights suit challenging his conviction must be dismissed, not stayed, if he fails to exhaust state remedies, even if the statute of limitations would bar refiling after exhaustion.
• Lever v. Nw. Univ.
  979 F.2d 552· 7th Cir.· 1992-11-09 ·cited 6×
  The court held that the timeliness of an EEOC charge is measured from the date of the discriminatory act, not from subsequent appeals or reconsideration offers, and the district court's finding that the Dean's decision was final was not clearly erroneous.
• Reyher v. Champion Int'l Corp.
  975 F.2d 483· 8th Cir.· 1992-09-14 ·cited 6×
  The court held that motions for liquidated damages and prejudgment interest filed more than two months after judgment were untimely under Rule 59, but the motion for attorney's fees was not subject to Rule 59's time limit. The court affirmed the jury's verdict on the merits but r
• Aurelia Scholar v. Pacific Bell
  963 F.2d 264· 9th Cir.· 1992-04-30 ·cited 6×
  The court held that a Title VII action is barred if not filed within 90 days of the EEOC's notice, even if the claimant did not personally receive the notice immediately.
• UNR Indus., Inc. v. The United States
  962 F.2d 1013· Fed. Cir.· 1992-04-23 ·cited 6×
  The court held that 28 U.S.C. § 1500 bars the Claims Court from exercising jurisdiction if the same claim is pending in another court at the time the Claims Court action is filed, regardless of subsequent events or when a motion to dismiss is considered.
• McDONALD v. Myers, Sr.
  946 F.2d 1059· 4th Cir.· 1991-10-11 ·cited 6×
  The court held that arbitration is not a jurisdictional prerequisite for withdrawal liability collection suits under MPPAA, and that a bankruptcy discharge of one member of a controlled group does not discharge the liability of other solvent members.
• McDOUGAL v. Cnty. OF Imperial
  942 F.2d 668· 9th Cir.· 1991-08-20 ·cited 6×
  The court held that California's one-year statute of limitations for personal injury actions applies to federal civil rights claims under 42 U.S.C. §§ 1983 and 1985(3). The court reversed dismissal of the inverse condemnation claim, finding that a legitimate regulatory purpose do
• Frizzell v. Louis W. Sullivan, M.D.
  937 F.2d 254· 5th Cir.· 1991-08-05 ·cited 6×
  A district court's remand order under sentence four of 42 U.S.C. § 405(g) is a final judgment that divests the court of jurisdiction, precluding reinstatement of the case.
• Canales v. Louis W. Sullivan, M.D.
  936 F.2d 755· 2d Cir.· 1991-06-27 ·cited 6×
  Mental impairment may warrant equitable tolling of the 60-day statute of limitations for seeking judicial review of Social Security disability benefits denials.
• Barrow v. NEW Orleans S.S. Ass'n
  932 F.2d 473· 5th Cir.· 1991-06-06 ·cited 6×
  The court held that the plaintiff's age discrimination claim based on the adoption of a seniority system was time-barred because the EEOC charge was filed more than 180 days after the plaintiff knew of the system's adoption, and equitable tolling was not applicable. Other claims
• Watkins v. Lujan
  922 F.2d 261· 5th Cir.· 1991-01-29 ·cited 6×
  The court held that the plaintiff's second amended complaint asserting a Title VII claim related back to the date of the original complaint, making the Title VII claim timely.
• Johnson v. Louis W. Sullivan, M.D.
  922 F.2d 346· 7th Cir.· 1990-12-28 ·cited 6×
  The court affirmed the district court's injunction against the Secretary's no-combination policy but reversed on the proper composition of the plaintiff class, remanding for further instructions.
• J.I. Corp. v. Fed. Ins. Co.
  920 F.2d 118· 1st Cir.· 1990-12-07 ·cited 6×
  The court affirmed the grant of summary judgment, holding that the insurance policy's discovery and notice provisions were unambiguous and that the insured failed to comply with them.
• Connors v. Beth Energy Mines
  920 F.2d 205· 3d Cir.· 1990-12-06 ·cited 6×
  The court held that Beth Energy is obligated to make contributions to the Funds for worked lunch hours and that claims prior to March 11, 1984, are time-barred, affirming the district court's judgment.
• Stitt v. Williams
  919 F.2d 516· 9th Cir.· 1990-11-15 ·cited 6×
  The court affirmed the grant of summary judgment on all claims but reversed the award of Rule 11 sanctions, finding the district court abused its discretion in imposing them.
• Sisseton-Wahpeton Sioux Tribe v. United States
  895 F.2d 588· 9th Cir.· 1990-02-02 ·cited 6×
  The court held that the Tribes' suit challenging the distribution of Indian Claims Commission judgment funds was barred by the six-year statute of limitations under 28 U.S.C. § 2401(a), as the cause of action accrued when the 1972 Distribution Act was passed, not when the final r
• In re Swine FLU Immunization Prods. Liab. Litig. Linda Kenneda v. United States
  880 F.2d 1439· D.C. Cir.· 1989-08-08 ·cited 6×
  The court held that the plaintiff's administrative claim was timely filed because the statutory period for filing was extended by a Sunday and a snow day, and the government failed to provide sufficient evidence of widespread public awareness of the link between the swine flu vac
• Benoit Joseph v. Hess OIL
  867 F.2d 179· 3d Cir.· 1989-02-09 ·cited 6×
  A material question of fact exists regarding the date the plaintiff knew or should have known he contracted an asbestos-related disease, precluding summary judgment.
• Providencia Ball v. Abbott Advertising, Inc.
  864 F.2d 419· 6th Cir.· 1988-12-27 ·cited 6×
  A federal action under Title VII for attorney fees is barred by the statute of limitations if not filed within 90 days of the EEOC's issuance of a right-to-sue notice, even if the notice was not received by the plaintiff.
• C.L. Turner v. Bowen
  862 F.2d 708· 8th Cir.· 1988-12-09 ·cited 6×
  The court should toll the statute of limitations due to equitable factors.
• Wong v. Otis R. Bowen, M.D.
  854 F.2d 630· 2d Cir.· 1988-08-19 ·cited 6×
  The court held that the plaintiff's action was time-barred because it was filed after the statutory deadline for seeking judicial review of the Social Security Administration's denial of disability benefits.
• Albert Greenwood, M.D. v. The State OF NEW York
  842 F.2d 636· 2d Cir.· 1988-03-23 ·cited 6×
  The court held that a complaint placed in the clerk's night depository box, stamped with the date and time, is considered filed on that date, even if after business hours, provided the clerk has actual possession.
• Dandrea v. Malsbary Mfg. Co.
  839 F.2d 163· 3d Cir.· 1988-02-12 ·cited 6×
  The court held that an amendment correcting a misnomer of a defendant does not relate back under Fed.R.Civ.P. 15(c) if the original complaint did not provide the correct party with notice of the action within the limitations period.
• Dunleavy v. Local 1617
  814 F.2d 1087· 6th Cir.· 1987-03-26 ·cited 6×
  The court held that the six-month limitations period for LMRDA Title I actions is tolled while a union member pursues internal union remedies.
• Homero Lopez v. Citibank, N.A.
  808 F.2d 905· 1st Cir.· 1987-01-12 ·cited 6×
  Mental incapacity does not automatically toll the statute of limitations in an employment discrimination suit, especially when the plaintiff is represented by counsel.
• Hunter v. Stephenson Roofing, Inc.
  790 F.2d 472· 6th Cir.· 1986-05-07 ·cited 6×
  The ninety-day period for filing a Title VII suit begins to run when the EEOC mails the right-to-sue notice to the claimant's last known address, even if the claimant does not actually receive it, provided the claimant failed to notify the EEOC of an address change.
• Patricio Galvan v. Bexar Cnty.
  785 F.2d 1298· 5th Cir.· 1986-04-02 ·cited 6×
  The court held that equitable principles excused the claimant's failure to strictly comply with ADEA administrative filing requirements when the EEOC made an error and the employer had actual notice of the claim.
• Boris Sawchik v. E.I. DuPONT Denemours & Co.
  783 F.2d 635· 6th Cir.· 1986-02-13 ·cited 6×
  The court held that the plaintiff's age discrimination claim was time-barred because the alleged discriminatory act occurred outside the 300-day filing period with the EEOC, and equitable tolling was not warranted.
• Brown v. Marsh
  777 F.2d 8· D.C. Cir.· 1985-11-15 ·cited 6×
  The dissenting judge holds that the district court properly dismissed the complaint for failure to consult an EEO counselor within the required 30 days.
• Byers v. Follmer Trucking Co. & N. Penn Transfer, Inc.
  763 F.2d 599· 3d Cir.· 1985-06-14 ·cited 6×
  The court held that most claims were time-barred due to failure to establish equitable tolling and affirmed the dismissal of those claims, but vacated the judgment on one plaintiff's retaliation claim for further proceedings.
• Kolomick v. United Steelworkers OF Am., Dist. 8, AFL-CIO
  762 F.2d 354· 4th Cir.· 1985-05-09 ·cited 6×
  The filing and pendency of an unfair labor practice claim with the NLRB does not toll the six-month statute of limitations for filing a hybrid § 301 action in federal court.
• United States v. Core Labs., Inc.
  759 F.2d 480· 5th Cir.· 1985-05-06 ·cited 6×
  The court held that the five-year statute of limitations for enforcing civil penalties under 28 U.S.C. § 2462 begins to run from the date of the underlying violation, not the date of the final administrative order assessing the penalty.
• Donovan v. Hahner
  736 F.2d 1421· 10th Cir.· 1984-06-15 ·cited 6×
  The 30-day filing requirement under the Occupational Safety and Health Act is a statute of limitations subject to equitable tolling, not a jurisdictional prerequisite, and the employer's misleading conduct justified tolling.
• Deogracias Ruiz v. Shelby Cnty. Sheriff's Dep't
  725 F.2d 388· 6th Cir.· 1984-01-16 ·cited 6×
  The court held that dismissal of a Title VII action for filing a request for counsel one day late was improper, and the case should be remanded for a determination of whether the delay was reasonable under equitable principles.
• Suarez v. Little Havana Activities & Nutrition Ctrs. of Dade Cnty., Inc.
  721 F.2d 338· 11th Cir.· 1983-12-12 ·cited 6×
  The court held that the ninety-day filing period for a Title VII complaint can be equitably tolled under certain circumstances, even if Rule 6(e) of the Federal Rules of Civil Procedure is not strictly applied.
• Anness v. United Steelworkers OF Am.
  707 F.2d 917· 6th Cir.· 1983-05-26 ·cited 6×
  The court held that the collective bargaining agreement's retroactive provision did not exempt the employer from the ADEA's age 70 retirement limit, and the employer's reliance on an oral agency opinion did not provide immunity.
• Newcomer v. Int'l Bus. Machs. Corp.
  598 F.2d 968· 5th Cir.· 1979-07-12 ·cited 6×
  The court held that the plaintiff's failure to provide formal notice of intent to sue to the Secretary of Labor was a jurisdictional bar to his age discrimination suit.
• MT. Hood Stages, Inc. v. The Greyhound Corp. & Greyhound Lines, Inc.
  583 F.2d 469· 9th Cir.· 1978-09-07 ·cited 6×
  The court held that the case should be remanded to the trial court to determine if the statute of limitations was equitably tolled.
• John Walsh in Bankruptcy for Basic Mining v. Lockhart Assocs. [Col. Warren L. Lockhart
  339 F.2d 417· 5th Cir.· 1964-11-27 ·cited 6×
  The court held that the appellees were holders in due course of the promissory note and that the Referee's order granting leave to file their proof of claim was proper.
• White Constr. Co., Inc. v. State
  860 So. 2d 1064· Fla. 1st DCA· 2003-12-09 ·cited 5×
  White Construction Company appealed the State Arbitration Board's denial of its arbitration request against the Florida Department of Transportation, arguing the 820-day filing deadline should be tolled or waived. The court affirmed the Board's decision, holding that the contract
• Bowers v. Transportacion Maritima Mexicana, S.A.
  901 F.2d 258· 2d Cir.· 1990-04-09 ·cited 5×
  The court held that TMM, having ignored MPPAA dispute resolution procedures, is not entitled to a judicial determination of its employer status under the MPPAA.