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

• Nants v. Fed. Deposit Ins.
  864 F. Supp. 1211· S.D. Fla.· 1994-08-12 ·cited 14×
  The court held that the plaintiff's claim for attorney fees and costs was properly brought as a de novo proceeding under FIRREA, and that the plaintiff established a prima facie case for account stated in the amount of $165,342.15.
• Preston v. Allstate Ins. Co.
  627 So. 2d 1322· Fla. 3d DCA· 1993-12-14 ·cited 14×
  The Prestons appeal an order dismissing their amended complaint in state court after their uninsured motorist and bad faith insurance claim against Allstate was removed to federal court and dismissed without prejudice. The court held that once a case is removed to federal court,
• Rogers v. Javier Ruiz, M.D.
  594 So. 2d 756· Fla. 2d DCA· 1991-12-13 ·cited 14×
  A widow sued her deceased husband's cardiac surgeon and hospital for medical malpractice resulting from bypass surgery. The trial court granted summary judgment based on the two-year statute of limitations, but the appellate court reversed, holding that while the statute was trig
• Bouman v. Block
  940 F.2d 1211· 9th Cir.· 1991-07-23 ·cited 14×·via Equitable Tolling
  The court affirmed the district court's findings on timely filing, standing, and most discrimination claims, but remanded for further findings on specific issues including policy authority, back pay, punitive damages, and attorney's fees.
• Pearson v. Gatto
  933 F.2d 521· 7th Cir.· 1991-05-23 ·cited 14×·via Tolling Provisions
  The court held that the district court should have liberally construed the pro se plaintiff's letter as an amended complaint, and that the district court did not abuse its discretion in allowing a late notice of appeal.
• The State OF NEW York v. Louis W. Sullivan, M.D.
  906 F.2d 910· 2d Cir.· 1990-06-27 ·cited 14×·via Equitable Tolling
  The court held that the Secretary's policy of relying exclusively on treadmill exercise tests to evaluate disability claims for ischemic heart disease, to the exclusion of other relevant medical evidence, contravened the Social Security Act's requirement for individualized assess
• Heideman v. PFL, Inc.
  904 F.2d 1262· 8th Cir.· 1990-06-05 ·cited 14×·via Equitable Tolling
  The court held that the plaintiffs failed to present sufficient facts to support equitable tolling of the statutes of limitations for their age discrimination, ERISA, and common law claims, thus affirming the grant of summary judgment for the employer.
• Vadino v. A. Valey Eng'rs
  903 F.2d 253· 3d Cir.· 1990-05-17 ·cited 14×
  The court held that the statute of limitations for the LMRA claim was tolled until the employee reasonably should have known the union would not pursue his grievance, and that the district court's unexplained grant of summary judgment was an abuse of discretion, requiring an expl
• Kali Seafood, Inc. v. Howe Corp.
  887 F.2d 7· 1st Cir.· 1989-09-29 ·cited 14×
  The court held that a claim for breach of warranty against hidden defects is subject to a six-month prescriptive period under Puerto Rico law, and a plaintiff cannot evade this special statute of limitations by framing the claim as a general contract action.
• Irwin v. Veterans Admin.
  874 F.2d 1092· 5th Cir.· 1989-06-13 ·cited 14×·via Equitable Tolling
  The court held that the thirty-day period for filing a Title VII employment discrimination complaint against the federal government begins to run upon receipt of the right-to-sue letter by the claimant's attorney, applying the constructive notice doctrine.
• Smith v. Gen. Scanning, Inc.
  876 F.2d 1315· 7th Cir.· 1989-06-08 ·cited 14×·via Equitable Tolling
  The court held that while the district court should have addressed equitable tolling, it properly granted summary judgment on the merits because the plaintiff failed to show the employer's stated reasons for termination were a pretext for age discrimination.
• Briggs v. The Est. OF Pauline Geelhoed
  543 So. 2d 332· Fla. 4th DCA· 1989-05-10 ·cited 14×
  The court held that the death of a debtor before the statute of limitations expires tolls the statute, and laches was not a viable defense without prejudice.
• Riddell v. Riddell Wash. Corp.
  866 F.2d 1480· D.C. Cir.· 1989-02-03 ·cited 14×
  The court held that the plaintiff's claims for conversion, UCC violation, breach of contract, and wrongful transfer were time-barred. The dissent argued that the district court's findings regarding the plaintiff's knowledge of the Buchanan Appraisal were reasonable and that the R
• Berklee Coll. OF Music v. Berklee Chapter OF the Mass. Fed'n OF Teachers, Local 4412, AFT, AFL-CIO
  858 F.2d 31· 1st Cir.· 1988-09-27 ·cited 14×·via Equitable Tolling
  An arbitrator's interpretation of a collective bargaining agreement, even if arguably erroneous, must be upheld if it draws its essence from the contract and is plausible.
• Hopland Band OF Pomo Indians v. The United States
  855 F.2d 1573· Fed. Cir.· 1988-08-30 ·cited 14×·via Equitable Tolling
  The Court of Appeals held that the Hopland Band's claims were barred by the 6-year statute of limitations, 28 U.S.C. § 2501, because the claims accrued no later than 1967 and the statute cannot be tolled based on the Band's organizational difficulties.
• Elliot v. Mark V. Barrow, M.D.
  526 So. 2d 989· Fla. 1st DCA· 1988-06-03 ·cited 14×
  A widow appealed the dismissal of her medical malpractice wrongful death action against a hospital after her husband died from injuries sustained in a fall. The court reversed, holding that whether the statute of limitations was triggered is a fact question for the jury, not appr
• Bullard v. Sercon Corp. & Int'l Laborers' Union Local No. 81
  846 F.2d 463· 7th Cir.· 1988-05-13 ·cited 14×·via Equitable Tolling
  The court affirmed the dismissal of the Title VII claim against the union due to failure to exhaust administrative remedies, but modified the judgment to reflect dismissal on jurisdictional grounds rather than the merits. The court affirmed the judgment for the employer and the u
• Davis v. Birr
  839 F.2d 1369· 9th Cir.· 1988-02-24 ·cited 14×
  The court held that the plaintiff's section 10(b) action was barred by the statute of limitations because he knew or should have known of the alleged fraud by February 1983.
• Chrysler Workers Ass'n v. Chrysler Corp.
  834 F.2d 573· 6th Cir.· 1987-11-25 ·cited 14×
  The court affirmed the district court's judgment for Chrysler, finding plaintiffs' claims against it were either barred by the statute of limitations or conceded to be without merit. The court also affirmed the dismissal of GDLS.
• In re A.H. Robins Co. v. AETNA Cas. & Sur. Co.
  828 F.2d 1023· 4th Cir.· 1987-09-09 ·cited 14×
  The court held that a bankruptcy court has authority to stay suits against a third-party defendant when those suits, even if disavowing interest in the debtor's assets, would inevitably burden the debtor's officers, directors, and employees, thereby interfering with the reorganiz
• Koucky v. Dep't OF the Navy
  820 F.2d 300· 9th Cir.· 1987-06-18 ·cited 14×·via Equitable Tolling
  The court held that the district court correctly dismissed the action for lack of subject matter jurisdiction because the appellant failed to name the proper agency head and provide timely notice.
• Sierra Club v. Union OIL Co. OF Cal.
  813 F.2d 1480· 9th Cir.· 1987-04-03 ·cited 14×
  The court held that Union Oil could not assert the upset defense because it failed to exhaust administrative remedies and that the district court misapplied the upset defense by allowing it for water quality-based exceedances and operator error.
• Bancorp Leasing & Fin. Corp. v. Agusta Aviation Corp.
  813 F.2d 272· 9th Cir.· 1987-03-25 ·cited 14×
  The statute of limitations is not tolled when a foreign corporation is amenable to service under the long-arm statute, and breach of warranty claims related to product defects fall under the products liability statute of limitations.
• United States v. Orlowski
  808 F.2d 1283· 8th Cir.· 1986-12-31 ·cited 14×
  The court held that the statute of limitations for criminal tax prosecutions is tolled during the appeal period following an IRS summons enforcement order, and that evidence of substantial unreported receipts shifts the burden to the taxpayer to prove offsetting expenses.
• Valenzuela v. Kraft, Inc.
  801 F.2d 1170· 9th Cir.· 1986-10-08 ·cited 14×·via Equitable Tolling
  The court held that a prior state court action, even if filed in a court lacking subject matter jurisdiction, can toll the 90-day filing period for a Title VII claim if the plaintiff acted diligently and the defendant received notice.
• Sentry Corp. & SNE Corp. v. Ethel R. Harris Under Tr. Agreement dated March 1
  802 F.2d 229· 7th Cir.· 1986-09-16 ·cited 14×
  Federal Rule of Civil Procedure 3 governs when an action is commenced for statute of limitations purposes in federal question cases lacking an express federal limitations period, and this rule is a valid procedural rule that applies regardless of contrary state law regarding serv
• Lampliter Dinner Theater, Inc. v. Liberty Mut. Ins. Co. & Liberty Mut. Fire Ins. Co.
  792 F.2d 1036· 11th Cir.· 1986-06-30 ·cited 14×
  The court held that the insurance policy's language unambiguously excluded liquor liability coverage, and therefore, the insurer had a lawful basis to deny coverage, defeating claims for breach of contract and bad faith. The court also affirmed the dismissal of fraud claims as ti
• Gibbs v. Pierce Cnty. LAW Enf't Support Agency
  785 F.2d 1396· 9th Cir.· 1986-03-27 ·cited 14×·via Equitable Tolling
  The court held that the plaintiffs' claims were timely filed, administrative remedies were exhausted, and the district court's finding of intentional wage discrimination was not clearly erroneous.
• Checki v. Webb
  785 F.2d 534· 5th Cir.· 1986-03-24 ·cited 14×
  The court held that the claim arose in both the Eastern and Middle Districts of Louisiana, making venue proper in the Eastern District where the suit was filed.
• DeNARDO v. Murphy
  781 F.2d 1345· 9th Cir.· 1986-01-30 ·cited 14×
  The court held that the plaintiff's civil rights claim was barred by the statute of limitations and affirmed the district court's injunction against relitigating the claim.
• Hurick v. The Honorable John Lehman
  782 F.2d 984· Fed. Cir.· 1986-01-23 ·cited 14×
  The court held that it has jurisdiction over the appeal and that the six-year statute of limitations barred the petitioner's claim challenging his military discharge.
• Shelby v. J.D. McADORY
  781 F.2d 1053· 5th Cir.· 1986-01-07 ·cited 14×
  The court held that the plaintiff's civil rights claim was time-barred by the one-year statute of limitations for § 1983 actions in Mississippi.
• Refrigeration Sales Co., Inc. v. Mitchell-Jackson, Inc.
  770 F.2d 98· 7th Cir.· 1985-08-09 ·cited 14×·via Equitable Tolling
  A warehouse receipt's limitation of claims clause, valid under the UCC, applies to conversion claims and prevents suits filed outside the specified period, even when brought against the warehouse operator's officer for negligence.
• Steinle v. Warren
  765 F.2d 95· 7th Cir.· 1985-06-13 ·cited 14×
  The court held that the district court properly granted summary judgment because the appellant failed to produce admissible evidence creating a genuine issue of material fact and the claim was time-barred. The court also affirmed the award of attorney fees and expenses.
• Dawe v. OLD BEN Coal Co. & Dir.
  754 F.2d 225· 7th Cir.· 1985-02-04 ·cited 14×·via Equitable Tolling
  The court held that the Benefits Review Board correctly dismissed the appeal as untimely filed, as there is no statutory authority for equitable tolling or enlargement of the filing deadline in black lung benefit cases.
• Nordell v. Heckler
  749 F.2d 47· D.C. Cir.· 1984-12-04 ·cited 14×·via Equitable Tolling
  A timely request for reconsideration of an EEOC decision renders the initial decision non-final, extending the statutory deadline for filing a Title VII suit until 30 days after the reconsideration decision.
• United States v. Donald M. Kass, M.D.
  740 F.2d 1493· 11th Cir.· 1984-09-06 ·cited 14×
  The government's suit to recover Medicare overpayments was barred by the six-year statute of limitations because it was filed more than six years after the government had sufficient knowledge of the essential facts constituting the right of action.
• Vucinich v. Paine
  739 F.2d 1434· 9th Cir.· 1984-08-07 ·cited 14×
  The court held that summary judgment was inappropriate on the scienter issue because factual questions remained regarding the defendants' state of mind and the duty owed to the plaintiff. The court also found that whether the statutes of limitation barred the claims was a dispute
• Marine Contractors, Inc. v. Armco, Inc.
  452 So. 2d 77· Fla. 2d DCA· 1984-05-23 ·cited 14×
  Marine Contractors challenges the dismissal of its cross-claims after the original plaintiff Armco filed a notice of voluntary dismissal that was not served on Marine. The court held that a voluntary dismissal of an entire action is ineffective unless all named defendants are ser
• Camilla Norris v. Fla. Dep't OF Health & Rehabilitative Servs.
  730 F.2d 682· 11th Cir.· 1984-04-23 ·cited 14×·via Equitable Tolling
  The court held that Federal Rule of Civil Procedure 6(e) does not extend the 90-day filing period for a Title VII lawsuit when the period begins upon receipt of the right-to-sue notice.
• Benson v. Gen. Motors Corp.
  716 F.2d 862· 11th Cir.· 1983-10-07 ·cited 14×
  The court held that the six-month limitations period for a § 301 fair representation claim begins to run when the employee knew or should have known of their injury, not merely one of its manifestations.
• Balseyro v. GTE Lenkurt, Inc.
  702 F.2d 857· 10th Cir.· 1983-03-21 ·cited 14×·via Equitable Tolling
  The court held that the ninety-day filing period for Title VII actions is subject to equitable tolling, and that a defendant may be sued even if not formally named in the EEOC charge if there is sufficient identity of interest and notice.
• Booker T. Stafford v. Muscogee Cnty. Bd. OF Educ.
  688 F.2d 1383· 11th Cir.· 1982-10-15 ·cited 14×·via Equitable Tolling
  The court held that Stafford's Title VII claim was time-barred due to late filing with the EEOC, but his § 1981 claims for equitable relief were not time-barred. Genuine issues of fact remained regarding his § 1981 damages claims and the merits of the Georgetown principalship cla
• Goff v. United States
  659 F.2d 560· 5th Cir.· 1981-10-15 ·cited 14×
  The court held that a voluntary dismissal of a prior suit does not toll the statute of limitations for claims against the United States under the Federal Tort Claims Act.
• Cramer v. Crutchfield
  648 F.2d 943· 4th Cir.· 1981-05-12 ·cited 14×
  The court held that the plaintiff's claim under 42 U.S.C. § 1983 for unlawful search and seizure was barred by the statute of limitations, and his claims for malicious prosecution and abuse of process, both under § 1983 and common law, failed to state a valid cause of action.
• Leggett v. Strickland
  640 F.2d 774· 5th Cir.· 1981-03-27 ·cited 14×
  The court held that the plaintiffs' Section 1983 action was time-barred because the complaint was not filed within the applicable two-year statute of limitations and the tolling statute did not apply.
• JePhunneh Lawrence v. Staats
  640 F.2d 427· D.C. Cir.· 1981-02-05 ·cited 14×·via Equitable Tolling
  Title VII of the Civil Rights Act of 1964 applies to employees of the General Accounting Office (GAO) only if they are in the competitive service, not the excepted service.
• Echols v. Chrysler Corp.
  633 F.2d 722· 6th Cir.· 1980-10-27 ·cited 14×
  The court held that the plaintiff's claims against both the employer and the union were barred by the Michigan three-year statute of limitations, as the cause of action accrued when the wrongful act occurred, not when the full extent of the damage was discovered.
• Ryan v. Brooks
  634 F.2d 726· 4th Cir.· 1980-10-17 ·cited 14×
  The court held that there was insufficient evidence of actual malice to sustain a libel judgment against the defendants under the First Amendment standard established in New York Times v. Sullivan.
• Robbins v. The United States
  624 F.2d 971· 10th Cir.· 1980-07-08 ·cited 14×
  A Federal Tort Claims Act claim accrues when the claimant knows of the injury and its cause, and minority does not toll the statute of limitations.