Tolling Of Statute Of Limitations

2,208 Florida cases classified under this topic, plus 1,245 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Schuler v. United States
  628 F.2d 199· D.C. Cir.· 1980-05-23 ·cited 18×·via Equitable Tolling
  The court correctly ruled that Schuler's claim must fail because wrongful separation claims are not cognizable under 22 U.S.C. § 1037a(l)(C).
• The Hartford v. Indus., Inc.
  617 F.2d 567· 10th Cir.· 1980-03-19 ·cited 18×
  A counterclaim for personal injuries, barred by the statute of limitations at the time the plaintiff's action commenced, cannot be asserted for affirmative relief, even if it could have been used as a set-off or recoupment.
• Wright v. Califano
  603 F.2d 666· 7th Cir.· 1979-08-14 ·cited 18×
  The court held that sovereign immunity does not bar the award of erroneously withheld Social Security benefits and that the district court's order was not ambiguous. The court affirmed the district court's judgment granting relief to the plaintiff class.
• United Transp. Union v. Fla. E. Coast Ry. Co.
  586 F.2d 520· 5th Cir.· 1978-12-20 ·cited 18×
  The court held that the plaintiff-appellant's action is barred by the applicable Florida statute of limitations, affirming the district court's grant of summary judgment for the defendant.
• Lovick P. Thomas v. E. I. DuPONT de Nemours & Co., Inc.
  574 F.2d 1324· 5th Cir.· 1978-06-15 ·cited 18×·via Equitable Tolling
  The court held that the district court erred in denying the plaintiff leave to amend his complaint to allege a discrete ADEA violation occurring within the 180-day notice period, which would cure the jurisdictional defect.
• Sherar v. Harless
  561 F.2d 791· 9th Cir.· 1977-09-26 ·cited 18×
  The District Court lacks jurisdiction over back pay claims exceeding $10,000, which fall under the exclusive jurisdiction of the Court of Claims. Cases filed in the District Court should be transferred to the Court of Claims if in the interest of justice.
• Smith v. Metro. Dade Cnty.
  338 So. 2d 878· Fla. 3d DCA· 1976-10-26 ·cited 18×
  The Florida Third District Court of Appeal reversed the dismissal of a wrongful death medical malpractice action against Dade County, holding that filing a motion for leave to amend with an attached amended complaint within the statute of limitations tolls the two-year period for
• Roberts v. Berry
  541 F.2d 607· 6th Cir.· 1976-09-02 ·cited 18×
  The court held that the three-year statute of limitations applies to alienation of affections claims, not the one-year statute for criminal conversation, and that the statute of limitations begins to run from the loss of consortium, not discovery of the tort.
• Thomas v. State OF La.
  534 F.2d 613· 5th Cir.· 1976-07-01 ·cited 18×
  The court's decision is narrow and does not approve nonjudicial settlements of wage and hour claims outside the unique facts of this case.
• Goldstandt v. Bear
  522 F.2d 1265· 7th Cir.· 1975-08-29 ·cited 18×·via Equitable Tolling
  The court held that plaintiffs' claims were time-barred because they failed to exercise due diligence in discovering the alleged fraud, despite having the means to do so.
• Ammlung v. City OF Chester
  494 F.2d 811· 3d Cir.· 1974-03-28 ·cited 18×
  The court held that state statutes of limitations and state tolling principles govern federal civil rights actions, and that prior state litigation did not toll the statute of limitations for the federal claims.
• Appleton Elec. Co. v. Advance-United Expressways
  494 F.2d 126· 7th Cir.· 1974-01-16 ·cited 18×
  The court held that the manageability concerns raised in Eisen III are not applicable to this refund class action, and that the district court properly certified the class and ordered notice.
• Lewis v. Smith and Cleo Smith
  482 F.2d 799· 6th Cir.· 1973-08-07 ·cited 18×
  Federal courts are required to apply Federal Rule of Civil Procedure 3 to determine when an action is commenced, even in diversity cases, and this rule is not superseded by a conflicting state statute.
• Walker v. Walker
  266 So. 2d 385· Fla. 1st DCA· 1972-09-19 ·cited 18×
  Virginia Walker sought child support from Larry Walker, the putative father of her illegitimate child, but the trial court upheld a release she had signed shortly after the child's birth as a valid bar to her claim. The appellate court reversed, holding that a mother cannot relea
• United States v. Isadore Verlinsky
  459 F.2d 1085· 5th Cir.· 1972-03-08 ·cited 18×
  The court held that a bankruptcy discharge becomes final 10 days after issuance if not stayed or suspended, and the statute of limitations begins to run from that date.
• Hodgson v. Int'l Printing Pressmen & Assistants' Union of N. Am., Afl-Cio
  440 F.2d 1113· 6th Cir.· 1971-03-09 ·cited 18×
  A labor union's voluntary waiver of the 60-day statutory limit for the Secretary of Labor to file a complaint can estop the union from later asserting that limitation as a defense.
• Green v. Hale
  433 F.2d 324· 5th Cir.· 1970-10-20 ·cited 18×
  The court affirmed the trial court's judgment, finding no reversible error in the jurisdictional rulings or the trial court's evidentiary and instructional decisions.
• Moore v. Greene
  431 F.2d 584· 9th Cir.· 1970-09-01 ·cited 18×
  The court held that the trial court did not abuse its discretion in admitting original promissory notes after trial, that the intentional infliction of mental distress claim was not time-barred and supported by sufficient evidence, and that one of the libel claims was privileged
• United States v. Garcia
  412 F.2d 999· 10th Cir.· 1969-06-26 ·cited 18×
  The court held that a mathematical error in a summary exhibit prejudiced the defendant on one count, requiring reversal for that count, but affirmed convictions on other counts where the analysis was accurate. The court also found the prosecutor's comment on a missing witness was
• Jones v. Bombeck
  375 F.2d 737· 3d Cir.· 1967-03-27 ·cited 18×
  The court held that entrapment does not constitute a constitutional violation under the Civil Rights Act, and the action was barred by the statute of limitations.
• Int'l Railways OF Cent. Am. v. United Fruit Co.
  373 F.2d 408· 2d Cir.· 1967-01-27 ·cited 18×
  The court held that the statute of limitations barred antitrust claims arising before February 16, 1961, because the plaintiff failed to prove that the defendant's control over the corporation was 'full, complete and exclusive' enough to toll the statute. The court also found tha
• Nat'l Labor Relations Bd. v. Silver Bakery, Inc.
  351 F.2d 37· 1st Cir.· 1965-10-01 ·cited 18×
  The court held that the National Labor Relations Board (NLRB) erred in reopening unfair labor practice charges after the six-month statute of limitations had expired, as section 10(b) of the Act is a strict statute of limitations.
• Mrs. Catherine Ann Reagan and Charles H. Reagan v. Traders & Gen. Ins. Co.
  255 F.2d 845· 5th Cir.· 1958-06-05 ·cited 18×
  The court held that an order dismissing some but not all defendants in a multi-party action is not a final judgment and therefore not immediately appealable.
• D'Onofrio Constr. Co., Inc. v. Recon Co., Inc.
  255 F.2d 904· 1st Cir.· 1958-05-22 ·cited 18×
  The court held that allowing a third-party defendant to be impleaded for contribution before payment of the common liability is a procedural matter governed by federal rules, not a substantive right dictated by state law.
• Dugald McLEAN v. Mundy
  81 So. 2d 501· Fla.· 1955-06-22 ·cited 18×
  In this workers' compensation case, the Florida Supreme Court upheld the dismissal of a claim against subsequent employers based on the two-year statute of limitations. The claimant filed his original claim against one employer who was later found not to be the "last" employer ex
• United States v. Parrino
  203 F.2d 284· 2d Cir.· 1953-04-02 ·cited 18×
  The court held that a motion to withdraw a guilty plea under Rule 32(d) requires a showing of manifest injustice, which was not demonstrated here, and that the Statute of Limitations defense was waived by the guilty plea.
• United States v. Parrino
  180 F.2d 613· 2d Cir.· 1950-03-07 ·cited 18×
  The court held that a defendant's flight from justice does not indefinitely toll the statute of limitations for a crime, especially after the defendant has openly returned and lived under their own name for the statutory period.
• Elbert et ux. v. Johnson
  164 F.2d 421· 2d Cir.· 1947-11-25 ·cited 18×
  The court held that while the Board of Tax Appeals lacked jurisdiction to allow a gift tax payment as a credit against a later deficiency, the plaintiffs' unsuccessful attempt did not prejudice other remedies, and the district court had jurisdiction over the refund action.
• Hughes v. Universal Prop. & Cas. Ins. Co.
  374 So.3d 900· Fla. 6th DCA· 2023-11-22 ·cited 17×
• Philip Morris USA, Inc. v. Hallgren
  124 So. 3d 350· Fla. 2d DCA· 2013-10-18 ·cited 17×·via Class Action Tolling
  In this appeal of a tobacco liability case, the Second District Court of Appeal affirmed a jury verdict awarding compensatory and punitive damages to the estate of Claire Hallgren, a 60-year smoker who died of lung cancer. The court held that Engle class members pursuing individu
• Thomas E. Abbey, D.O. v. Gertrude Patrick and Lionel Gatien, D.O.
  16 So. 3d 1051· Fla. 1st DCA· 2009-09-14 ·cited 17×
  Dr. Abbey sought certiorari review of a trial court order denying his motion for summary judgment in a medical malpractice case, arguing the statute of limitations had expired before the plaintiff filed suit. The court denied the petition, holding that certiorari is available onl
• Brigham v. Brigham
  11 So. 3d 374· Fla. 3d DCA· 2009-02-25 ·cited 17×
  Edward Brigham and other appellants challenged the trial court's judgment dismissing their claims against Dana and Patricia Brigham, who as trustees transferred the multi-million dollar Brigham Tree Farms Property to Dana individually without court approval or proper written auth
• Mendez Lynch v. Mendez Lynch
  220 F. Supp. 2d 1347· M.D. Fla.· 2002-08-13 ·cited 17×·via Equitable Tolling
  The court found that the Petitioner established the elements of wrongful removal under the Hague Convention, and that the Respondent failed to establish any exceptions to the mandatory return of the children.
• Berisford v. Jack Eckerd Corp.
  667 So. 2d 809· Fla. 4th DCA· 1995-11-29 ·cited 17×
  The court reversed a summary judgment dismissing a wrongful death negligence claim against a pharmacy on statute of limitations grounds. The court held that material fact issues exist regarding whether the pharmacy fraudulently concealed its unauthorized dispensing of prescriptio
• S. Neurosurgical Assocs., P.A. v. The Honorable Edward H. Fine
  591 So. 2d 252· Fla. 4th DCA· 1991-09-25 ·cited 17×
  A neurosurgery practice sought prohibition or certiorari to prevent continuation of a medical malpractice suit for failure to timely serve notice of intent. The court denied relief, holding that factual disputes regarding when plaintiffs discovered the alleged negligence and whet
• Magda Menendez and Americo Menendez v. Pub. Health Tr. OF Dade Cnty.
  566 So. 2d 279· Fla. 3d DCA· 1990-07-24 ·cited 17×
  Parents of a child with cerebral palsy appealed a summary judgment dismissing their medical malpractice action against the hospital, university, and physician who provided prenatal and delivery care. The court affirmed dismissal as to the physician and university based on the sta
• Morris v. Jenkins
  819 F.2d 678· 7th Cir.· 1987-02-24 ·cited 17×
  The court held that Indiana's Journey's Account Statute does not save a suit voluntarily dismissed and refiled after the statute of limitations has expired, and that the argument regarding the daughter's minority was waived.
• Bradshaw v. Gen. Motors Corp.
  805 F.2d 110· 3d Cir.· 1986-11-12 ·cited 17×
  The court reversed the dismissal of the § 1981 claim, dismissed the Title VII claim for lack of jurisdiction, and affirmed the dismissal of the state tort claims.
• Rodgers v. Bowen
  790 F.2d 1550· 11th Cir.· 1986-06-10 ·cited 17×
  The court held that an action is commenced for statute of limitations purposes when the complaint is filed, regardless of the timely payment of the filing fee, and that dismissal for failure to prosecute was an abuse of discretion.
• Caldwell v. Nat'l Ass'n OF Home Builders
  771 F.2d 1051· 7th Cir.· 1985-08-27 ·cited 17×·via Equitable Tolling
  The court held that the plaintiff's EEOC charge was timely filed as to the failure-to-rehire claim, even if untimely for the discriminatory discharge claim, because the charge encompassed both allegations.
• Waggoner v. Dallaire
  767 F.2d 589· 9th Cir.· 1985-07-29 ·cited 17×
  The court held that the district court erred in excluding evidence of industry custom and in permitting withdrawal of a stipulation affecting the statute of limitations. The court reversed the judgment and remanded for further proceedings.
• Alford v. Summerlin
  423 So. 2d 482· Fla. 1st DCA· 1982-12-14 ·cited 17×
  In this medical malpractice wrongful death action, the Florida First District Court of Appeal affirmed summary judgment for the defendant physician based on the statute of limitations. The court held that the plaintiff failed to establish by evidence that he discovered the defend
• Hollman v. Dep't of Health & Human Servs.
  696 F.2d 13· 2d Cir.· 1982-12-06 ·cited 17×
  The court held that the timely filing of tax returns reporting self-employment income, even if adjusted later by the IRS or Tax Court, allows for the correction of Social Security earnings records beyond the standard statute of limitations.
• Sandutch v. Muroski
  684 F.2d 252· 3d Cir.· 1982-07-22 ·cited 17×
  The court held that Sandutch's civil rights action was barred by the statute of limitations because he had reason to know of the injury in 1976, not 1980.
• Gens v. The United States
  615 F.2d 1335· Ct. Cl.· 1980-02-20 ·cited 17×
  The court held that the Government did not misapply funds, that the statute of limitations on collection was tolled by the bankruptcy petition, and that the plaintiff was not entitled to an abatement of penalties at that time, but remanded for factual determination regarding a sp
• Myers v. Bull
  599 F.2d 863· 8th Cir.· 1979-06-11 ·cited 17×
  The court held that a police officer testifying in a judicial proceeding is not acting under color of law and that witnesses are absolutely immune from civil suits for their testimony, even if perjured.
• United States v. Ballesteros-Cordova
  586 F.2d 1321· 9th Cir.· 1978-11-30 ·cited 17×
  The court held that the statute of limitations was tolled because the defendant was a fugitive from justice, and that the identification evidence was sufficient for the jury to find guilt beyond a reasonable doubt.
• Lukenas v. Bryce's Mountain Resort, Inc.
  538 F.2d 594· 4th Cir.· 1976-06-30 ·cited 17×
  The court held that the district court did not abuse its discretion in denying class certification because the claims presented numerous individual differences and lacked common questions of law or fact.
• Frances Kornblum under the Will of E. L. Kornblum v. Heflin
  183 So. 2d 843· Fla. 2d DCA· 1966-02-09 ·cited 17×
  The court held that when a defendant executrix voluntarily substitutes herself into a pending action within the statutory time limits, formal filing and service of a claim against the estate are unnecessary.
• PAN Am. Petroleum Corp. v. ORR
  319 F.2d 612· 5th Cir.· 1963-06-28 ·cited 17×
  The court held that there was sufficient evidence to submit the issues of fraudulent concealment and reasonable diligence to the jury, and the jury's finding that the plaintiff failed to exercise reasonable diligence was supported by substantial evidence.