Equitable Tolling

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

• Cobb v. Stringer
  850 F.2d 356· 8th Cir.· 1988-06-21 ·cited 4×
  The court held that the plaintiff's initial EEOC charge, liberally construed, provided notice of discriminatory hiring practices that could reasonably lead to an investigation of the rehiring of a male assistant principal, and that a material issue of fact existed regarding wheth
• Bacon v. City OF LOS Angeles
  843 F.2d 372· 9th Cir.· 1988-03-31 ·cited 4×
  The court should reverse the decision because federal policy supports equitable tolling for civil rights claims, allowing plaintiffs a choice of forums.
• Funk v. Sperry Corp.
  842 F.2d 1129· 9th Cir.· 1988-03-24 ·cited 4×
  The court held that summary judgment for the employer was appropriate on all claims, affirming the district court's decision.
• State OF Colo. ex rel. Colo. Attorney Gen. v. W. Paving Constr. Co.
  833 F.2d 867· 10th Cir.· 1987-11-16 ·cited 4×
  The court concurred in the result, finding it required by precedent, but expressed reservations about the 'self-concealing fraud' concept.
• Taylor v. Gen. Tel. Co. OF the Sw.
  759 F.2d 437· 5th Cir.· 1985-05-02 ·cited 4×
  Mailing an age discrimination charge to the EEOC does not constitute 'filing' for the purposes of the 180-day limit, and the plaintiff's facts do not support equitable tolling.
• Annalee NOE v. R.A. Ward
  754 F.2d 890· 10th Cir.· 1985-02-11 ·cited 4×
  The court held that the 90-day period to file a civil action under Title VII begins when the aggrieved party receives the "Right to Sue" letter, not when their attorney receives it.
• Eaton v. Coal Par of W. Va., Inc.
  580 F. Supp. 572· S.D. Fla.· 1984-02-13 ·cited 4×
  The court held that fraud allegations were sufficiently particularized, the statute of limitations was tolled by fraudulent concealment, and a private right of action could not be implied under Fla. Stat. § 517.03(1).
• Feleicia Malcolm Davis v. Sears
  708 F.2d 862· 1st Cir.· 1983-06-03 ·cited 4×
  The court held that the district court did not err in dismissing the race discrimination claims as time-barred, as the plaintiff failed to file her complaint within the statutory periods.
• Wright v. State OF Tenn.
  613 F.2d 647· 6th Cir.· 1980-01-24 ·cited 4×
  The Sixth Circuit held that the 180-day notice requirement under the ADEA is a jurisdictional prerequisite and cannot be tolled, even if the employer failed to post required information.
• In re Newport Harbor Assocs.
  589 F.2d 20· 1st Cir.· 1978-12-06 ·cited 4×
  The court held that the six-month limitation period for revoking a Chapter XI plan confirmation under section 386 of the Bankruptcy Act and Rule 11-41 is absolute and cannot be extended by equitable tolling or Rule 60(b).
• Curry v. Commissioner OF Internal Revenue
  571 F.2d 1306· 4th Cir.· 1978-03-14 ·cited 4×
  The Tax Court correctly held that the mailing date requirement under § 6213 is jurisdictional and the postmark date under § 7502 does not alter this.
• Am. Ass'n OF Meat Processors v. Costle
  556 F.2d 875· 8th Cir.· 1977-06-07 ·cited 4×
  The court held that the petition for review was untimely filed and dismissed it.
• Marquetti v. Sec'y, Dep't of Corr. (Hillsborough County)
  2021 WL 1853655· M.D. Fla.· 2025-08-18 ·cited 3×
  The court held that the petitioner's federal habeas corpus petition was time-barred under AEDPA, as it was filed years after the one-year limitation period expired, and equitable tolling or actual innocence exceptions did not apply.
• Febles v. Am. Health Reform Solutions, LLC
  2019 WL 3997072· M.D. Fla.· 2024-11-15 ·cited 3×
  The court granted conditional certification of a collective action, approved notice procedures, and stayed proceedings pending mediation, finding the parties' stipulation regarding tolling to be sufficient.
• Griffin v. Sec'y, Dep't of Corr.
  2024 WL 964197· M.D. Fla.· 2024-10-21 ·cited 3×
  The court held that the petitioner's habeas corpus petition was time-barred under AEDPA because he failed to demonstrate entitlement to equitable tolling.
• Rodriguez v. Dep't of Bus. & Prof'l Reg.
  326 So. 3d 796· Fla. 3d DCA· 2021-08-25 ·cited 3×
  The Department's compliance with statutory notice provisions, which included certified mail, regular mail, e-mail, telephone contact, website posting, and media notification, satisfied due process requirements. However, the case was reversed and remanded to allow Rodriguez to pur
• S.Y. v. Naples Hotel Co.
  M.D. Fla.· 2021-04-29 ·cited 3×
  A sex trafficking victim sued Choice Hotels International and a hotel franchisee operator alleging she was trafficked at a Quality Inn hotel between 2013 and February 2016, and the defendants denied motions to dismiss her claims for violation of the Trafficking Victims Protection
• Madison Highlands, LLC v. Fla. Hous. Fin. Corp.
  220 So. 3d 467· Fla. 5th DCA· 2017-02-24 ·cited 3×
  Madison Highlands challenged the Florida Housing Finance Corporation's dismissal of its petition for an administrative hearing on a housing tax credit award, claiming the dismissal was untimely and that it lacked standing. The appellate court reversed, holding that equitable toll
• W. Brook Isles P'r's 1, LLC v. Commonwealth Land Title Ins. Co.
  163 So. 3d 635· Fla. 2d DCA· 2015-04-24 ·cited 3×
  West Brook Isles Partners sued its former attorney, his law firm, and a title insurance company for failing to disclose that property it purchased in 2004 was encumbered condominium units rather than unencumbered raw land. The court affirmed summary judgment, holding that WBI's c
• In re Chiquita Brands Intern.
  690 F. Supp. 2d 1296· S.D. Fla.· 2010-02-04 ·cited 3×
  The court held that plaintiffs sufficiently pled fraudulent concealment to avoid dismissal based on the statute of limitations, and that the allegations of international terrorism were adequate.
• Phynerrian Q. Manning v. Tunnell
  943 So. 2d 1018· Fla. 1st DCA· 2006-12-18 ·cited 3×
  Manning appealed the dismissal of his civil rights and false imprisonment complaint against Bay County and Corrections Corporation of America (CCA). The court affirmed the dismissal, finding that Manning waived his equitable tolling argument by failing to raise it before the tria
• Thomas v. McDonough
  2006 U.S. Dist. LEXIS 68770· M.D. Fla.· 2006-09-25 ·cited 3×
  The court held that attorney negligence or miscalculation does not constitute extraordinary circumstances for equitable tolling of the one-year federal habeas limitations period, and petitioners are responsible for timely filing.
• Greene v. Loewenstein, Inc.
  99 F. Supp. 2d 1373· S.D. Fla.· 2000-04-27 ·cited 3×
  The court held that the plaintiff's age discrimination claims failed because the transfer was untimely under the ADEA and not an adverse employment action under the FCRA, and his resignation did not constitute a constructive discharge.
• Jancyn Mfg. Corp. v. State
  742 So. 2d 473· Fla. 1st DCA· 1999-09-22 ·cited 3×
  Jancyn Manufacturing Corporation appealed the Florida Department of Health's denial of an administrative hearing, arguing that the deadline for filing a petition should have been equitably tolled due to informal negotiations between the parties. The court affirmed the Department'
• de Casenave v. United States
  991 F.2d 11· 1st Cir.· 1993-04-20 ·cited 3×
  The court held that the plaintiffs' FTCA claim was time-barred because they failed to file suit within the six-month limitations period after the agency mailed notice of denial, and equitable tolling was not warranted due to their lack of due diligence.
• Gomes v. Avco Corp. & Local 1010, United Auto., Aerospace & Agric. Implement Workers of Am., AFL-CIO
  964 F.2d 1330· 2d Cir.· 1992-06-01 ·cited 3×
  The court held that the plaintiff's disparate treatment and § 1981 claims were time-barred, but his disparate impact claim was not barred by failure to exhaust administrative remedies or the statute of limitations.
• Martin v. Constr. Laborer's Pension Tr. FOR S. Cal.
  947 F.2d 1381· 9th Cir.· 1991-10-28 ·cited 3×
  The dissent argues that the statute of limitations for declaratory and injunctive relief had not yet begun to run, and even if it had, equitable considerations should prevent the Trust from relying on it.
• Hayes Jones v. Gen. Motors Corp. & United Auto Workers
  939 F.2d 380· 6th Cir.· 1991-07-23 ·cited 3×
  A state law breach of contract claim arising from a settlement agreement of a grievance under a collective bargaining agreement is pre-empted by § 301 of the LMRA and is subject to a six-month statute of limitations.
• Covey v. Ark. River Co.
  865 F.2d 660· 5th Cir.· 1989-02-13 ·cited 3×
  The court held that the plaintiff's claim was untimely because she failed to demonstrate sufficient diligence to warrant equitable tolling of the statute of limitations.
• Robinson v. Caulkins Indiantown Citrus Co.
  701 F. Supp. 208· S.D. Fla.· 1988-11-15 ·cited 3×
  The court held that summary judgment is granted for § 1981 claims due to statute of limitations, but denied for Rene-Fitzgerald's Title VII claim due to a genuine issue of material fact regarding the posting of EEOC notices.
• Taylor v. Tisch
  686 F. Supp. 304· S.D. Fla.· 1988-05-12 ·cited 3×
  The court held that the plaintiff's complaint was not timely filed, and the thirty-day filing period for mixed cases under 5 U.S.C. § 7703(b)(2) is a jurisdictional prerequisite, thus depriving the court of subject matter jurisdiction.
• Hughes Degruy Drumm v. Sizeler Realty Co., Inc.
  817 F.2d 1195· 5th Cir.· 1987-06-01 ·cited 3×
  The doctrine of equitable tolling cannot salvage an untimely filed federal antitrust cause of action based on the prior filing of a state antitrust claim.
• Harvey v. City OF NEW Bern Police Dep't
  813 F.2d 652· 4th Cir.· 1987-03-19 ·cited 3×
  The ninety-day statutory period for filing a Title VII action commences when the claimant's agent, such as a spouse, receives the notice of right to sue, unless equitable grounds for tolling exist.
• Jenkins v. Sec'y Dep't Of Corr.
  2023 WL 3394161· M.D. Fla.· 2025-03-24 ·cited 2×
  The court held that it lacked jurisdiction to consider a motion for an extension of time to file a habeas petition when no petition had been filed.
• James v. Sec'y, Dep't of Corr.
  130 F.4th 1291· 11th Cir.· 2025-03-13 ·cited 2×
  The court denied the motion to stay execution, finding no substantial likelihood of success on the merits for the petitioner's claims regarding the denial of his Rule 60(b) motion and his post-judgment motion to amend.
• Hicks v. Dixon
  2022 WL 21794364· N.D. Fla.· 2025-01-07 ·cited 2×
  The court held that the petitioner's § 2254 petition is untimely and equitable tolling does not apply, leading to dismissal.
• A.P.A. v. U.S. Attorney General
  104 F.4th 230· 11th Cir.· 2024-06-06 ·cited 2×
  The Eleventh Circuit lacks jurisdiction to review the Board of Immigration Appeals' denial of asylum based on untimeliness, and substantial evidence supports the BIA's denial of withholding of removal and Convention Against Torture relief.
• Rodriguez v. Ernst Nicolitz
  246 So. 3d 550· Fla. 1st DCA· 2018-05-18 ·cited 2×
  The presuit notice requirements of Florida Statute section 766.102(5)(a) require that a medical expert's specialty match or be similar to that of the specialist defendant, and an infectious disease specialist cannot satisfy this requirement for an ophthalmologist defendant.
• Villarreal v. R.J. Reynolds Tobacco Co.
  806 F.3d 1288· 11th Cir.· 2015-11-30 ·cited 2×
  The dissenting judge argues that the majority erred in holding that Section 4(a)(2) of the ADEA authorizes disparate impact claims by job applicants and that such plaintiffs may be entitled to equitable tolling. The dissent asserts that the plain language of Section 4(a)(2) limit
• Lupola v. Lupola
  179 So. 3d 497· Fla. 1st DCA· 2015-11-23 ·cited 2×
  The appellate court affirmed a summary judgment, holding that the plaintiff's negligence and product liability claims were barred by the maritime law statute of limitations. The court rejected the plaintiff's argument for equitable tolling, finding that her ignorance of her legal
• In re Voip, Inc.
  2011 U.S. Dist. LEXIS 125730· S.D. Fla.· 2011-10-31 ·cited 2×
  The court held that an appeal from an order approving a settlement is not equitably moot when the settlement funds have not been irrevocably transferred and effective relief can still be granted on appeal, even without a stay pending appeal.
• In re Fla. Cement & Concrete Antitrust Litig.
  746 F. Supp. 2d 1291· S.D. Fla.· 2010-10-12 ·cited 2×
  The court held that the plaintiffs' allegations, taken as true, were sufficient to state a plausible claim for conspiracy to fix prices under the Sherman Act, thus surviving the motion to dismiss.
• Sec. & Exch. Comm'n v. Huff
  745 F. Supp. 2d 1284· S.D. Fla.· 2010-09-30 ·cited 2×
  The court found that Defendant Huff violated federal securities laws by siphoning funds and artificially inflating Certified's financial condition, and ordered disgorgement of ill-gotten gains.
• Aulet v. Jinny M. Castro
  44 So. 3d 140· Fla. 3d DCA· 2010-07-28 ·cited 2×
  A former husband appealed the dismissal of his petition to disestablish paternity and terminate child support after DNA tests showed he was not the biological father. The court affirmed the dismissal, holding that Florida Statute § 742.18 requires DNA tests to be administered wit
• Ramirez v. McCRAVY
  37 So. 3d 240· Fla.· 2010-05-20 ·cited 2×
• Dixon v. Countrywide Home Loans, Inc.
  710 F. Supp. 2d 1325· S.D. Fla.· 2010-05-07 ·cited 2×
  The court held that the plaintiff's fraud-based claims were barred by the statute of frauds and contradicted by loan documents, and that statutory claims were time-barred or inadequately pled.
• Gonzalez v. Fla. Unemployment Appeals Comm'n
  80 So. 3d 335· Fla. 3d DCA· 2010-02-17 ·cited 2×
  Sonia Gonzalez appealed the dismissal of her unemployment benefits appeal as untimely. The Florida District Court of Appeal reversed, finding that confusing notices from the Agency for Workforce Innovation regarding separate but similarly-captioned proceedings created ambiguity a
• Griffin v. McNeil
  667 F. Supp. 2d 1340· S.D. Fla.· 2009-10-15 ·cited 2×
  The court held that the petitioner's federal habeas corpus petition was not time-barred under the AEDPA's one-year statute of limitations due to continuous tolling during state post-conviction proceedings.
• Jankus v. Edge Invs., L.P.
  619 F. Supp. 2d 1328· S.D. Fla.· 2009-04-08 ·cited 2×
  The court held that a developer's failure to provide the statutorily mandated notice of rescission rights under ILSA extends the buyer's rescission period, and that a contract provision allowing the seller unilateral cancellation for unmet presale contingencies renders the two-ye
• Racca v. Celebrity Cruises, Inc.
  606 F. Supp. 2d 1373· S.D. Fla.· 2009-03-24 ·cited 2×
  The court held that the passenger ticket contract's limitations period for filing suit was enforceable against the plaintiff.