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

• Cleaton v. Sec'y, Dep't OF Health & Human Servs.
  815 F.2d 295· 4th Cir.· 1987-04-02 ·cited 12×
  The court held that the Secretary's consideration of a claimant's request to reopen a prior disability determination on its merits renders the denial of that request subject to judicial review, even if the Secretary purports to deny reopening.
• Brock v. Am. Postal Workers Union, AFL-CIO
  815 F.2d 466· 7th Cir.· 1987-03-26 ·cited 12×·via Equitable Tolling
  The court held that material questions of fact remain regarding whether the doctrine of equitable tolling excused the Secretary's delay in filing suit, requiring reversal of summary judgment.
• Bruce H. Lynn, M.D., P.A. v. Miller
  498 So. 2d 1011· Fla. 2d DCA· 1986-12-10 ·cited 12×
  Florida appellate court granted certiorari and reversed trial court's denial of motion to dismiss, holding that section 768.57's notice of intent requirement is constitutional and a condition precedent to maintaining a medical malpractice suit.
• Octavio P. Gomez v. Great Lakes Steel Div. Nat'l Steel Corp.
  803 F.2d 250· 6th Cir.· 1986-10-10 ·cited 12×
  The court held that there was insufficient evidence to support a finding of fraudulent concealment, and that the jury instructions on constructive discharge and the admission of a damages exhibit were flawed, necessitating a new trial.
• Harllel B. Jones v. Shankland
  800 F.2d 77· 6th Cir.· 1986-09-02 ·cited 12×
  The court held that the appellant's civil rights claims were time-barred by the applicable one-year statute of limitations and that county prosecutors were absolutely immune from suit.
• Nolting v. Yellow Freight Sys., Inc.
  799 F.2d 1192· 8th Cir.· 1986-08-25 ·cited 12×·via Equitable Tolling
  The court held that the jury instructions regarding willfulness and business necessity were proper, and that the plaintiff was bound by her attorney's actions in filing the suit late, thus affirming the district court's judgment.
• United States v. Brown Costello Ramey
  791 F.2d 317· 4th Cir.· 1986-05-22 ·cited 12×
  A district court has discretion to seal an indictment for legitimate prosecutorial needs beyond merely securing the defendant's arrest, and dismissal is only warranted upon a showing of substantial prejudice to the defendant.
• West v. Conrail
  780 F.2d 361· 3d Cir.· 1985-12-31 ·cited 12×
  The court held that for hybrid breach of contract/fair representation claims governed by Section 10(b) of the NLRA, both filing and service of process must be completed within the six-month limitations period.
• Stone v. Heckler
  778 F.2d 645· 11th Cir.· 1985-12-16 ·cited 12×·via Equitable Tolling
  The court held that the Appeals Council's decision not to extend the time for filing a civil action under the Social Security Act is not subject to judicial review.
• Demars v. Gen. Dynamics Corp.
  779 F.2d 95· 1st Cir.· 1985-12-11 ·cited 12×
  The court held that a claim for negligent recall is not actionable under Massachusetts law, and that the plaintiff's hybrid Section 301/fair representation claim was time-barred.
• Univ. OF Fla. & Div. of Risk Mgmt. v. McLARTHY
  483 So. 2d 723· Fla. 1st DCA· 1985-11-25 ·cited 12×
• Seredinski v. Clifton Precision Prods. Co.
  776 F.2d 56· 3d Cir.· 1985-10-28 ·cited 12×·via Equitable Tolling
  The court held that the plaintiff's retaliation claim under Title VII should not have been dismissed as untimely due to the EEOC's failure to follow its own regulations regarding deferral to state agencies, and that equitable tolling was warranted.
• Freedman v. AIR Line Stewards & Stewardesses Assoc.
  730 F.2d 509· 7th Cir.· 1984-03-27 ·cited 12×·via Equitable Tolling
  The court held that the plaintiffs were not entitled to modification of the consent decree for additional seniority or to change their minds about reinstatement, as the circumstances were not unforeseeable or extraordinary enough to warrant modification.
• Edwards v. Boeing Vertol Co.
  717 F.2d 761· 3d Cir.· 1983-09-08 ·cited 12×
  The court held that a jury trial demand in an amended complaint adding legal claims is timely if the original complaint sought only equitable relief, and that the statute of limitations is tolled for individual claims by the pendency of a class action.
• Sibyl Harrison v. United States
  708 F.2d 1023· 5th Cir.· 1983-07-05 ·cited 12×·via Equitable Tolling
  The court held that the statute of limitations for the Federal Tort Claims Act claim did not begin to accrue until the plaintiff obtained her medical records, as she lacked the requisite knowledge of her injury's cause prior to that time.
• Chaplin v. Est. OF Joanne H. Cooke
  432 So. 2d 778· Fla. 1st DCA· 1983-06-10 ·cited 12×
  Chaplin appeals a judgment holding him liable on a $30,000 promissory note, arguing the statute of limitations had expired. The court reversed, finding that under Florida's statute of limitations statute, only actual payment of principal or interest tolls the running of time, not
• C.J. Trotter v. Int'l Longshoremen's & Warehousemen's Union
  704 F.2d 1141· 9th Cir.· 1983-04-28 ·cited 12×
  The court held that the plaintiff's claim was barred by the statute of limitations and that the district court judge's impartiality was not reasonably questioned.
• Bartelt v. Berlitz Sch. OF Languages OF Am., Inc.
  698 F.2d 1003· 9th Cir.· 1983-02-08 ·cited 12×·via Equitable Tolling
  The court held that the sex discrimination claims were untimely because the Equal Employment Opportunity Commission charges were not filed within the 300-day limit, and the paychecks did not constitute a continuing violation.
• United States v. Rabb
  680 F.2d 294· 3d Cir.· 1982-05-27 ·cited 12×
  A timely indictment returned by a grand jury whose term has expired, if later superseded by an indictment from a valid grand jury and without prejudice to the defendant, satisfies the Speedy Trial Act's requirement for indictment within thirty days of arrest.
• Bonen v. The United States
  666 F.2d 536· Ct. Cl.· 1981-12-02 ·cited 12×
  The court held that the plaintiff's claim for back pay was time-barred by the six-year statute of limitations, as the AFBCMR's decision did not create a new cause of action under the 'half-a-loaf' doctrine because the plaintiff had not requested full monetary relief.
• Brown v. Mead Corp.
  646 F.2d 1163· 6th Cir.· 1981-04-13 ·cited 12×·via Equitable Tolling
  A plaintiff who receives a facially valid right-to-sue notice from the EEOC, even if later deemed issued in error, is bound by the ninety-day filing period from that first notice, and equitable tolling does not apply absent specific circumstances not present here.
• Garrett v. United States
  640 F.2d 24· 6th Cir.· 1981-02-05 ·cited 12×
  The court held that the statute of limitations under the Federal Tort Claims Act begins to run from the date the claim accrues, not from the release of an autopsy report, and that filing a complaint does not toll the statute.
• Watson v. Gulf & W. Indus.
  650 F.2d 990· 9th Cir.· 1981-01-30 ·cited 12×·via Equitable Tolling
  The court held that the EEOC's administrative failures do not bar a plaintiff's claim, and a parent corporation is generally not liable for a subsidiary's Title VII violations.
• Bankers & Shippers Ins. Co. of N.Y. v. AIA Insulation Indus., Inc.
  390 So. 2d 734· Fla. 4th DCA· 1980-09-24 ·cited 12×
  Three consolidated appeals challenge a trial court judgment awarding subcontractors damages from a payment bond surety and the contract retainage held by the owner, in a construction dispute involving a defective warehouse roof. The appellate court reversed and remanded, holding
• Bauer v. United States
  594 F.2d 44· 5th Cir.· 1979-04-25 ·cited 12×
  The court held that the taxpayers' execution of Form 870 constituted a timely informal claim for refund, triggering the statute of limitations for their charitable contribution deductions.
• Walker v. Dunne
  368 So. 2d 640· Fla. 2d DCA· 1979-03-16 ·cited 12×
  The court held that a factual issue existed regarding fraudulent concealment, which could toll the statute of limitations, precluding summary judgment.
• Garrido v. Markus
  358 So. 2d 577· Fla. 3d DCA· 1978-05-09 ·cited 12×
  Appellants sued a law firm for malpractice and attempted to add the individual partners as defendants after the statute of limitations had run. The court affirmed summary judgment dismissing the individual partners, holding that neither adding them as new defendants nor substitut
• Ludwig v. Glover
  357 So. 2d 233· Fla. 1st DCA· 1978-04-05 ·cited 12×
  The court addressed whether a medical malpractice claim filed under Florida's Medical Malpractice Reform Act was timely under the statutory extension periods. The court held that the ten-month jurisdictional period is not extended when it expires on a Saturday, and the sixty-day
• Proctor v. Dr. Flex & Melvin Banks
  567 F.2d 635· 5th Cir.· 1978-02-08 ·cited 12×
  The court dismissed the appeal because the plaintiff failed to apply to the appellate court for leave to proceed in forma pauperis after the district court certified the appeal was not in good faith.
• Couch v. The Travelers Ins. Co.
  551 F.2d 958· 5th Cir.· 1977-05-04 ·cited 12×
  The court held that a married male over 18 is considered over 21 for purposes of the statute of limitations saving statute, and that post-judgment motions to amend pleadings to add new theories are within the trial court's discretion.
• Brennan v. Ryter
  339 So. 2d 661· Fla. 1st DCA· 1976-11-02 ·cited 12×
  Appellant Brennan appealed the dismissal of her civil action for lack of prosecution under Florida Rule of Civil Procedure 1.420(e), arguing that her activity and the defendant's death tolled the one-year prosecution period. The court affirmed the dismissal, holding that the plai
• Gregorio Roman and wife v. A. H. Robins Co., Inc.
  518 F.2d 970· 5th Cir.· 1975-09-08 ·cited 12×
  The court held that the plaintiff's products liability claim was barred by the Texas statute of limitations because it was filed more than two years after the injury was discovered or should have been discovered.
• Prashar v. Volkswagen OF Am., Inc.
  480 F.2d 947· 8th Cir.· 1973-06-27 ·cited 12×
  Compliance with Federal Rule of Civil Procedure 3, which allows commencement of an action by filing a complaint, tolls the statute of limitations in diversity cases, even if state law requires service of process for commencement, unless the state's commencement statute is an inte
• Est. of William Goldstein v. Commissioner OF Internal Revenue
  479 F.2d 813· 10th Cir.· 1973-06-18 ·cited 12×
  A nunc pro tunc order allowing an incompetent surviving spouse to elect against a will is valid under Colorado law, even if entered after statutory deadlines, if the delay was due to the spouse's condition.
• The Herald Co. v. Seawell
  472 F.2d 1081· 10th Cir.· 1972-12-29 ·cited 12×
  The court held that while directors have a fiduciary duty to stockholders, a newspaper corporation's obligations extend to employees and the public, and their motive to prevent a detrimental takeover is not inherently sinister.
• Webb Dean v. McLEOD
  270 So. 2d 726· Fla.· 1972-11-22 ·cited 12×
  A petition for modification of a prior order denying modification does not toll the statute of limitations for filing subsequent modification petitions.
• Williams v. Covell
  236 So. 2d 447· Fla. 1st DCA· 1970-06-16 ·cited 12×
  In this interlocutory appeal, the Florida District Court of Appeal addressed whether a motion to dismiss based on the statute of limitations can proceed when the complaint itself does not affirmatively show the defense on its face. The court held that the statute of limitations d
• Spevack v. The United States
  390 F.2d 977· Ct. Cl.· 1968-02-16 ·cited 12×
  The court held that the statute of limitations did not bar the plaintiff's claim because the defendant's secrecy and the limited, unpublicized dissemination of relevant documents prevented the plaintiff from having actual or constructive knowledge of his claim until shortly befor
• Berry v. Pac. Sportfishing, Inc.
  372 F.2d 213· 9th Cir.· 1967-02-08 ·cited 12×
  The court held that the filing of a state court action, even if later found to be in a court lacking exclusive federal jurisdiction, can toll the statute of limitations if the action served the statute's purpose of preventing stale claims.
• The Moore Co. OF Sikeston v. SID Richardson Carbon & Gasoline Co.
  347 F.2d 921· 8th Cir.· 1965-07-13 ·cited 12×
  The filing of a complaint in a federal antitrust case is sufficient, without more, to toll the applicable federal statute of limitations.
• Geither Horn v. Bailie
  309 F.2d 167· 9th Cir.· 1962-10-11 ·cited 12×
  The court held that a sentence obtained through violation of constitutional rights is a nullity, and imprisonment under such a sentence tolls the statute of limitations.
• Lipp v. The United States
  301 F.2d 674· Ct. Cl.· 1962-04-04 ·cited 12×
  The court held that the plaintiff's claim for retired pay is barred by the six-year statute of limitations because his petition was filed more than six years after the denial of his last request for retirement board proceedings.
• Myrick v. United States
  296 F.2d 312· 5th Cir.· 1961-12-08 ·cited 12×·via Suspension Of Statute Of Limitations
  The court held that the assessment and demand for payment of additional taxes did not constitute a rejection of an outstanding offer in compromise, and the statute of limitations remained suspended until the offer was formally rejected.
• Socony Mobil Oil Co., Inc. v. United States
  287 F.2d 910· Ct. Cl.· 1961-03-01 ·cited 12×·via Suspension Of Statute Of Limitations
  The court held that the cost basis for depreciation of ships, after a price adjustment under the Merchant Ship Sales Act of 1946, is the actual adjusted cost, not the statutory sales price.
• Louisville & Nashville R.R. Co. v. Disspain
  275 F.2d 25· 6th Cir.· 1960-02-25 ·cited 12×
  The court held that the railroad could not take advantage of its doctor's erroneous statement to prevent the employee from pursuing his claim, and the jury's verdict was supported by substantial evidence.
• Metcalf v. Johnson
  113 So. 2d 864· Fla. 2d DCA· 1959-07-31 ·cited 12×·via Equitable Tolling
  A plaintiff as administrator de bonis non of his father's estate sued to recover $31,700 in cash and jewelry allegedly converted by his half-sister Claudia Johnson Bolen while she served as administratrix of the estate. The court affirmed a jury verdict in plaintiff's favor, hold
• Fern v. United States
  213 F.2d 674· 9th Cir.· 1954-05-18 ·cited 12×
• Scarborough v. Atl. Coast Line R. Co.
  202 F.2d 84· 4th Cir.· 1953-02-17 ·cited 12×
  The court held that the district court erred by instructing the jury that fraud must be proven to toll the statute of limitations under the Federal Employers' Liability Act, and by failing to clarify jury confusion on this point.
• Kordewick v. Ind. Harbor Belt R. Co.
  157 F.2d 753· 7th Cir.· 1946-10-19 ·cited 12×
  The court held that the contract was unwritten and the action was barred by the statute of limitations.
• Victory Inv. Corp. v. Muskogee Elec. Traction Co.
  150 F.2d 889· 10th Cir.· 1945-04-25 ·cited 12×
  Written statements submitted to a trustee reflecting corporate bonds as a liability, accompanied by signed transmittal letters, constitute a sufficient acknowledgment to interrupt the statute of limitations.