-
M.D. Fla.·
2020-06-01
The court held that a federal habeas petition filed outside the one-year limitations period under AEDPA is dismissed unless the petitioner can establish actual innocence with new, reliable evidence or demonstrate entitlement to equitable tolling, neither of which was shown here.
-
M.D. Fla.·
2020-05-29
The court held that the petitioner's federal habeas corpus petition was time-barred under AEDPA and that he failed to establish entitlement to equitable tolling.
-
M.D. Fla.·
2020-05-26
The court held that the petitioner's federal habeas corpus petition was untimely filed and dismissed it with prejudice, denying a certificate of appealability.
-
M.D. Fla.·
2020-05-19
The court held that the Petitioner's habeas corpus petition was untimely filed and not subject to equitable tolling or the actual innocence exception, warranting dismissal.
-
15th Cir. Ct. App. Div.·
2020-05-14
Petitioner sought judicial review of a hearing officer's decision affirming the Department of Highway Safety & Motor Vehicles' revocation of his hardship license. The court dismissed the petition as untimely, holding that Florida law requires a driver challenging a hardship licen
-
M.D. Fla.·
2020-05-04
The court held that the petitioner's habeas corpus petition was untimely filed and dismissed it with prejudice.
-
M.D. Fla.·
2020-04-22
The court held that the petitioner's motion to vacate sentence was time-barred under 28 U.S.C. § 2255(f)(1) and dismissed the motion.
-
M.D. Fla.·
2020-04-14
The federal court denied the petition for a writ of habeas corpus because it was untimely filed and equitable tolling was not warranted.
-
M.D. Fla.·
2020-04-09
The court held that it lacked jurisdiction to consider a motion to toll the statute of limitations for a habeas petition when no petition had been filed, and that the statute does not authorize prospective tolling.
-
M.D. Fla.·
2020-04-06
The court held that the petitioner's federal habeas corpus petition was untimely filed and that he failed to establish actual innocence or newly discovered evidence to overcome the statute of limitations.
-
M.D. Fla.·
2020-04-06
The petition for writ of habeas corpus is dismissed with prejudice as untimely because the petitioner failed to file within the one-year limitations period and did not establish entitlement to equitable tolling.
-
M.D. Fla.·
2020-04-03
The court held that the petitioner's motion to vacate sentence was time-barred and denied his motion to amend based on a non-retroactive Supreme Court decision, but granted him leave to show due diligence for timeliness.
-
N.D. Fla.·
2020-04-03
The court adopted the Magistrate Judge's recommendation to dismiss the petition for writ of habeas corpus as untimely.
-
M.D. Fla.·
2020-03-30
The court held that it lacks jurisdiction to grant an extension for a habeas corpus petition before it is filed.
-
M.D. Fla.·
2020-03-23
The court held that the petitioner's federal habeas corpus petition was time-barred because it was filed after the one-year limitations period expired and he failed to establish grounds for equitable tolling.
-
M.D. Fla.·
2020-03-23
The court held that the petitioner failed to demonstrate entitlement to equitable tolling of the one-year limitations period for filing a federal habeas corpus petition, and thus the petition was untimely.
-
M.D. Fla.·
2020-03-19
The court held that the petitioner's habeas corpus petition was untimely filed and not subject to equitable tolling or the actual innocence exception, warranting dismissal.
-
M.D. Fla.·
2020-02-14
The court held that the Rooker-Feldman doctrine does not bar the plaintiffs' ADA claim because the denial of a reasonable accommodation occurred after state court proceedings, and the requested relief could not have been granted by the state courts. The court also found that Dama
-
M.D. Fla.·
2020-02-14
The court held that the plaintiff's Title VII claim was untimely filed and not subject to equitable tolling, warranting dismissal with prejudice.
-
M.D. Fla.·
2020-02-05
The court held that the petition for writ of habeas corpus was untimely filed under 28 U.S.C. § 2244(d)(1) and denied equitable tolling.
-
S.D. Fla.·
2020-01-31
The court held that the petition for writ of habeas corpus was properly dismissed as time-barred because the petitioner failed to file within the one-year limitations period and did not qualify for equitable tolling.
-
S.D. Fla.·
2020-01-24
The court held that the plaintiff exhausted administrative remedies for ADA interference and retaliation claims, but her workers' compensation retaliation claim was time-barred due to failure to allege grounds for equitable tolling.
-
M.D. Fla.·
2020-01-13
The court held that the petitioner's habeas corpus petition was untimely filed and dismissed it with prejudice.
-
M.D. Fla.·
2020-01-09
The court held that the statute of limitations for future opt-in plaintiffs in an FLSA collective action should not be equitably tolled due to the delay in ruling on the motion for conditional certification, and approved the parties' proposed class notice with modifications.
-
M.D. Fla.·
2020-01-07
The court held that the petitioner's motion to vacate, set aside, or correct his sentence was time-barred under AEDPA's one-year limitations period.
-
S.D. Fla.·
2019-12-26
The court held that the plaintiff failed to plead sufficient diligence to toll the statute of limitations for most claims, but equitable estoppel applied to certain counts. The court also found that diversity jurisdiction was proper and that indispensable parties were not absent.
-
M.D. Fla.·
2019-12-19
The court held that the petitioner's federal habeas petition was untimely filed and denied it.
-
M.D. Fla.·
2019-12-19
The federal habeas petition is dismissed as time-barred because it was filed more than one year after the conviction became final, and the petitioner failed to establish grounds for equitable tolling.
-
M.D. Fla.·
2019-12-10
The court held that the petitioner failed to demonstrate extraordinary circumstances to reopen a federal habeas judgment based on claims of ineffective assistance of collateral counsel.
-
M.D. Fla.·
2019-11-12
The court held that the petitioner's federal habeas petition was untimely because his second state post-conviction motion was not properly filed for tolling purposes under AEDPA, and equitable tolling was not warranted.
-
M.D. Fla.·
2019-11-07
The court held that the petitioner failed to demonstrate entitlement to equitable tolling of the statute of limitations for filing a federal habeas corpus petition, and therefore the petition was untimely.
-
M.D. Fla.·
2019-11-01
The court held that the petitioner's federal habeas corpus petition was untimely filed and that his claims of actual innocence and equitable tolling did not overcome the untimeliness.
-
M.D. Fla.·
2019-10-30
The court held that the defendant's counterclaims were not barred by the release agreement due to undeveloped facts regarding its voluntariness, and that dismissal for failure to exhaust administrative remedies was denied as the record was insufficient to determine timeliness or
-
M.D. Fla.·
2019-10-15
The court held that the petitioner's habeas corpus petition was untimely filed and dismissed it with prejudice.
-
M.D. Fla.·
2019-10-04
The court held that the federal habeas petition was untimely filed under the one-year statute of limitations, and equitable tolling was not warranted.
-
M.D. Fla.·
2019-10-02
The court held that the federal habeas petition was untimely because the petitioner failed to demonstrate diligence in pursuing his state court remedies and therefore equitable tolling was not warranted.
-
Del. Super. Ct.·
2019-09-30
The court granted the defendant's motion to dismiss, finding that the plaintiff's claims were time-barred under California's one-year statute of limitations, as applied through Delaware's Borrowing Statute and California's Savings Statute. Additionally, the court dismissed the ca
-
M.D. Fla.·
2019-09-24
The court held that a motion to vacate sentence under 28 U.S.C. § 2255 is subject to a one-year limitations period, and jurisdictional challenges do not exempt a motion from this period.
-
M.D. Fla.·
2019-09-19
The court held that the petitioner's motion to vacate, set aside, or correct his sentence is denied because his claims are time-barred, procedurally defaulted, and without merit.
-
M.D. Fla.·
2019-09-19
The court held that the petitioner's federal habeas petition was time-barred because it was filed more than one year after his judgment became final and he failed to demonstrate extraordinary circumstances for equitable tolling.
-
M.D. Fla.·
2019-09-13
The court held that the petitioner's motion to vacate his sentence was time-barred under the Antiterrorism and Effective Death Penalty Act's one-year limitations period.
-
M.D. Fla.·
2019-09-06
The court held that the petitioner's habeas corpus petition was time-barred under the Antiterrorism and Effective Death Penalty Act (AEDPA).
-
M.D. Fla.·
2019-08-28
The United States is entitled to summary judgment because the plaintiff's Federal Tort Claims Act claim is time-barred and he failed to provide expert testimony to support his medical malpractice claim under Florida law.
-
M.D. Fla.·
2019-08-16
The court held that a motion to vacate sentence under 28 U.S.C. § 2255 was time-barred because it was filed outside the one-year limitation period established by AEDPA, and a subsequent sentence reduction under Rule 35(b) does not reset this limitation period.
-
M.D. Fla.·
2019-08-13
The court held that the petitioner's federal habeas corpus petition was filed outside the one-year statute of limitations and was therefore dismissed as time-barred.
-
124 La. 917·
M.D. Fla.·
2019-05-07
The court held that the plaintiff's termination claim was reasonably related to his prior EEOC filings, thus satisfying the exhaustion requirement for his Title VII retaliation action.
-
Del. Ch.·
2019-04-25
The Court of Chancery granted in part and denied in part the defendants' motion to dismiss. Claims related to the "Founder's Shares" were dismissed as barred by laches due to the plaintiff's unreasonable delay and lack of vigilance. Claims related to the "Forman Options" based on
-
Del. Super. Ct.·
2019-02-25
The court granted in part and denied in part Viacom's motion for summary judgment. Counts II, III, and IV were dismissed entirely. Count I, for indemnification, was dismissed except for claims related to attorneys' fees and costs, which were allowed to proceed. The court denied M
-
Del. Ch.·
2018-12-10
The court held that it had personal jurisdiction over the defendant but granted the defendant's motion to dismiss because the plaintiff's claims were barred by the doctrine of laches. The court found that the plaintiff had inquiry notice of its claims more than three years before
-
252 So. 3d 304·
Fla. 5th DCA·
2018-07-20
The court held that the Division of Administrative Hearings properly dismissed the appellant's petition challenging an unadopted rule, both for failing to allege sufficient facts and for being untimely filed.