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

• Gen. Builders Supply Co. v. River Hill Coal Venture
  796 F.2d 8· 1st Cir.· 1986-07-03 ·cited 10×·via Equitable Tolling
  The court held that the investors' claims under federal securities laws were time-barred because they failed to exercise reasonable diligence to discover the alleged fraud within the applicable limitations period.
• Dempsey v. Pac. Bell Co.
  789 F.2d 1451· 9th Cir.· 1986-05-23 ·cited 10×·via Equitable Tolling
  The sixty-day waiting period after filing age discrimination charges with the EEOC is jurisdictional, but the statutes of limitation may be equitably tolled.
• Hill v. Ga. Power Co.
  786 F.2d 1071· 11th Cir.· 1986-04-14 ·cited 10×·via Equitable Tolling
  The court held that Wadley's hybrid § 301 claim was not time-barred due to potential equitable tolling, but Hill's claim was time-barred. The court also affirmed the dismissal of the false imprisonment claim against Georgia Power.
• Marks v. Parra
  785 F.2d 1419· 9th Cir.· 1986-04-01 ·cited 10×
  The court held that the Arizona statute of limitations for personal injury claims, tolled by imprisonment, applies to 42 U.S.C. § 1983 actions, and the plaintiff's claim was timely filed.
• Hernandez v. Spencer
  780 F.2d 504· 5th Cir.· 1986-01-13 ·cited 10×
  The court held that a trial court may properly stay all claims in a civil rights suit, including those not requiring exhaustion, if they are presented alongside claims that do require exhaustion, to await disposition of the latter.
• CPI Crude v. Coffman
  776 F.2d 1546· Temp. Emer. Ct. App.· 1985-10-01 ·cited 10×·via Equitable Tolling
  The court held that the district court correctly applied the two-year Texas statute of limitations to the federal overcharge claims, finding that the cause of action accrued at the time of the first overcharge and that the plaintiff failed to establish fraudulent concealment.
• State v. Bare
  473 So. 2d 799· Fla. 5th DCA· 1985-08-08 ·cited 10×
  Florida's state appeal of a dismissal based on the statute of limitations for grand theft charges. The court held that Section 812.035(10), providing a five-year limitations period for theft-related offenses, supersedes the general three-year limitations period in Section 775.15(
• Freschi v. Grand Coal Venture
  767 F.2d 1041· 2d Cir.· 1985-07-05 ·cited 10×·via Equitable Tolling
  The court held that defendants were liable for securities fraud under Rule 10b-5 and common law fraud, but damages must be reduced by tax benefits received, limiting recovery to actual net economic loss.
• Brown v. J.I. Case Co.
  756 F.2d 48· 7th Cir.· 1985-01-17 ·cited 10×
  The filing of a request for appointed counsel, along with a Notice of Right-to-Sue, tolls the ninety-day statutory filing period until the court rules on the request, provided the request is made in good faith and without inequitable conduct.
• Major Appliances, Inc. v. Mount Vernon Fire Ins. Co.
  462 So. 2d 561· Fla. 3d DCA· 1985-01-15 ·cited 10×
  The court held that a plaintiff is excused from strict compliance with substituted service requirements when the failure to receive the notice is due to the defendant-insured's conduct.
• Townsend v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor
  743 F.2d 880· 11th Cir.· 1984-10-09 ·cited 10×·via Equitable Tolling
  The court held that the claimant's failure to file a timely appeal was not justified by excusable neglect, even if equitable tolling were available, because the regulations do not require notice of appeal rights and the claimant was represented by counsel.
• Gov't OF Guam v. United States
  744 F.2d 699· 9th Cir.· 1984-10-04 ·cited 10×
  The court held that the Government of Guam's action to quiet title was barred by the twelve-year statute of limitations under the Quiet Title Act because Guam had notice of the United States' claims more than twelve years prior to filing suit.
• Saludes v. Evelyn Ramos, M.D.
  744 F.2d 992· 3d Cir.· 1984-09-28 ·cited 10×
  A claimant seeking recovery against the Government for alleged malpractice must comply with both the Medical Malpractice Act and the Virgin Islands Tort Claims Act filing requirements.
• Watson v. Unipress, Inc.
  733 F.2d 1386· 10th Cir.· 1984-05-04 ·cited 10×
  The court held that naming a "John Doe" defendant does not toll the statute of limitations under Colorado law, and an amendment to substitute a named defendant after the statute of limitations has expired does not relate back under F.R.Civ.P. 15(c) unless all its conditions are m
• Len Terry Jackson v. Torres
  720 F.2d 877· 5th Cir.· 1983-12-05 ·cited 10×
  A Section 1983 action challenging the duration of confinement must be treated as a habeas corpus matter and requires exhaustion of federal habeas corpus remedies.
• Sellers v. A.H. Robins Co., Inc.
  715 F.2d 1559· 11th Cir.· 1983-09-30 ·cited 10×
  The court held that the plaintiffs failed to establish a material issue of fact regarding fraudulent concealment, and thus their claims were barred by the relevant statutes of limitations.
• Griffen v. BIG Spring Indep. Sch. Dist.
  706 F.2d 645· 5th Cir.· 1983-06-09 ·cited 10×
  The court held that the Texas 'wrong court' tolling statute applied, saving the plaintiff's claim from the statute of limitations, and that the State Board's procedures were inadequate to give its findings collateral estoppel effect.
• Cruce v. Brazosport Indep. Sch. Dist.
  703 F.2d 862· 5th Cir.· 1983-04-25 ·cited 10×·via Equitable Tolling
  The court held that the plaintiff's failure to file a timely charge with the EEOC is a bar to her suit and prevents her from amending her complaint to add new claims.
• Chipanno v. Champion Int'l Corp.
  702 F.2d 827· 9th Cir.· 1983-03-30 ·cited 10×
  The court held that the district court erred in dismissing the antitrust action, reversing the dismissal based on the statute of limitations and standing.
• Hatfield v. Bishop Clarkson Mem'l Hosp.
  701 F.2d 1266· 8th Cir.· 1983-03-17 ·cited 10×
  The court certified the question of whether a Nebraska statute of limitations for professional negligence is tolled during a minor's infancy to the Nebraska Supreme Court.
• In re Fine Paper Antitrust Litig. Appeal of Alco Standard Corp. & certain Indep. Merchs. [Alling & Cory Co.
  695 F.2d 494· 3d Cir.· 1982-12-09 ·cited 10×
  The court held that the class certification order was unambiguous in excluding appellants, and their subsequent motions to join the class or intervene were untimely and lacked standing.
• Thomas v. Katv Channel 7
  692 F.2d 548· 8th Cir.· 1982-11-12 ·cited 10×·via Equitable Tolling
  Notice of a right-to-sue letter to an attorney's employee does not trigger the ninety-day filing period if the client did not direct the letter be sent to the attorney or the attorney did not personally acknowledge receipt.
• Harris Corp. v. Dep't OF Revenue
  409 So. 2d 91· Fla. 1st DCA· 1982-01-18 ·cited 10×
  Harris Corporation appeals a Department of Revenue sales tax assessment covering the period June 1, 1974 through June 30, 1978. The court reversed the assessment, holding that the Department failed to comply with the statute of limitations tolling provision by not issuing its ass
• Budget Luxury Inns, Inc. v. Boston
  407 So. 2d 997· Fla. 1st DCA· 1981-12-18 ·cited 10×
  In this workers' compensation case, the Florida District Court of Appeal reversed a deputy commissioner's modification of a final compensation order, holding that the two-year limitation period in Section 440.28 is an absolute jurisdictional requirement that cannot be waived or t
• Morgan v. Wash. Mfg. Co.
  660 F.2d 710· 6th Cir.· 1981-10-07 ·cited 10×·via Equitable Tolling
  The statutory period for filing a sex discrimination complaint with the EEOC is tolled when a complaint is timely filed with another federal agency that subsequently forwards it to the EEOC, provided there is no prejudice, bad faith, or lack of diligence by the claimant.
• Fusco v. Johns-Manville Prods. Corp.
  643 F.2d 1181· 5th Cir.· 1981-05-01 ·cited 10×
  The court held that the plaintiff's personal injury claim was time-barred by the statute of limitations, as he discovered or should have discovered his injury in 1970, and the suit was filed in 1978.
• Barnett v. EMR Telemetry & Travelers Ins. Co.
  396 So. 2d 791· Fla. 1st DCA· 1981-03-27 ·cited 10×
  An examination authorized by a carrier for evaluation and treatment, even if it results in no diagnosis or further treatment, constitutes remedial attention sufficient to toll the statute of limitations.
• Villasenor v. Lockheed Aircraft Corp. & Aeronautical Indus. Dist. Lodge 727
  640 F.2d 207· 9th Cir.· 1981-02-17 ·cited 10×·via Equitable Tolling
  The court held that the plaintiff's Title VII action was properly dismissed because he failed to present sufficient evidence to equitably toll the administrative charge filing deadline.
• Equal Emp. Opportunity Comm'n v. Gilbarco, Inc.
  615 F.2d 985· 4th Cir.· 1980-01-09 ·cited 10×
  An age discrimination suit brought by the Secretary of Labor under § 17 of the Fair Labor Standards Act is effectively commenced for statute of limitations purposes upon the filing of the complaint, even if the aggrieved individuals are not named.
• Britt v. Cyril S. Arvanitis
  590 F.2d 57· 3d Cir.· 1978-11-24 ·cited 10×·via Equitable Tolling
  The court held that the amended complaint did not relate back to the original filing date because the defendant had no notice of the suit within the limitations period, and thus the action was barred by the statute of limitations.
• Sassi v. Breier
  584 F.2d 234· 7th Cir.· 1978-10-06 ·cited 10×
  An amended complaint substituting named defendants for 'John Doe' does not relate back to the original filing if the newly named defendants lacked notice of the action within the limitations period.
• Alford v. Summerlin
  362 So. 2d 103· Fla. 1st DCA· 1978-08-22 ·cited 10×
  The court held that allegations of fraudulent concealment by a doctor regarding negligent treatment and cause of death are sufficient to toll the statute of limitations at the pleading stage.
• Kirk v. Rockwell Int'l Corp.
  578 F.2d 814· 9th Cir.· 1978-07-19 ·cited 10×
  Title VII has its own congressionally established statute of limitations, rendering state statutes inapplicable. However, claims under 42 U.S.C. § 1981 are subject to state statutes of limitations, and the Supreme Court's decision in Johnson v. Railway Express Agency, Inc. applie
• Jones v. N. Dade Hosp., Inc.
  359 So. 2d 56· Fla. 3d DCA· 1978-06-06 ·cited 10×
  Virginia Jones appealed the dismissal of her medical malpractice action for failure to file within 60 days of the medical mediation panel's decision, even though the complaint was timely under the two-year statute of limitations. The court reversed, holding that the 60-day requir
• Jones v. Lynn F. Lummus ad Litem for the Estate of Floss M. Kramer
  359 So. 2d 538· Fla. 3d DCA· 1978-05-30 ·cited 10×
  The court held that filing a timely claim against an estate tolls the statute of limitations for filing suit on that claim.
• Shelley v. Bayou Metals
  561 F.2d 1209· 5th Cir.· 1977-10-28 ·cited 10×
  The court held that the filing of a complaint with a misnamed defendant and subsequent failure to properly serve process does not toll the statute of limitations.
• City OF Bedford v. The James Leffel & Co.
  558 F.2d 216· 4th Cir.· 1977-06-30 ·cited 10×
  The court held that a vendor's conduct, including assurances of repair and remedial efforts, could equitably estop them from asserting the statute of limitations defense, even if the limitations period had technically expired.
• Pannell v. Cont'l CAN Co., Inc.
  554 F.2d 216· 5th Cir.· 1977-06-20 ·cited 10×
  The court held that tax deeds, even if void, can serve as color of title for prescriptive title, and that the Soldiers' and Sailors' Civil Relief Act does not toll the prescriptive period for a career serviceman not handicapped by their service.
• Wilson v. Sharon Steel Corp.
  549 F.2d 276· 3d Cir.· 1977-01-27 ·cited 10×
  The court held that the district court erred by relying on an incorrect EEOC letter to determine the start of the 90-day limitations period for the Title VII claim, and that the applicable statute of limitations for the § 1981 claim requires further consideration.
• Kabua Kabua v. The United States
  546 F.2d 381· Ct. Cl.· 1976-12-15 ·cited 10×
  The court held that the plaintiffs' claims for an uncompensated taking and implied-in-fact contract were barred by the six-year statute of limitations.
• Homcy v. The United States
  536 F.2d 360· Ct. Cl.· 1976-06-16 ·cited 10×
  The Court of Claims held that the plaintiff's claim for back pay was barred by the six-year statute of limitations and was not revived by recent events or the 'half-a-legal-loaf' doctrine because the plaintiff had not requested full monetary relief from the relevant administrativ
• In re Windbrooke Dev. Corp. v. Env't Enters., Inc.
  524 F.2d 461· 5th Cir.· 1975-12-08 ·cited 10×
  The court held that the filing of an involuntary bankruptcy petition within the statutory four-month period tolls the statute of limitations for preferential transfers, even if summons is not issued immediately thereafter.
• Gomez v. Jackson Mem'l Hosp.
  309 So. 2d 564· Fla. 3d DCA· 1975-03-25 ·cited 10×
  The filing of a caveat tolls the statute of limitations for claims against an estate, even if the claim is filed more than three years after the decedent's death.
• Culbertson v. JNO. McCALL Coal Co., Inc.
  495 F.2d 1403· 4th Cir.· 1974-05-01 ·cited 10×
  The court held that the district court's factual findings were not clearly erroneous and that attorney's fees were not recoverable under applicable state law in this diversity action.
• Container Corp. OF Am. & Montgomery Ward & Co. v. Admiral Merchs. Motor Freight, Inc.
  489 F.2d 825· 7th Cir.· 1973-12-11 ·cited 10×
  The statute of limitations for enforcing a Commission refund order does not begin to run until judicial review of that order is completed.
• Rader v. Balfour
  440 F.2d 469· 7th Cir.· 1971-03-22 ·cited 10×
  An FTC proceeding under the Federal Trade Commission Act, 15 U.S.C. § 45, tolls the statute of limitations for private antitrust actions if the FTC complaint alleges conduct that appears to involve an existing or incipient violation of antitrust laws, and the private action is ba
• Lathan H. Tuck v. Finch
  430 F.2d 1075· 4th Cir.· 1970-07-30 ·cited 10×
  The court held that an illiterate claimant's oral inquiry about disability benefits, corroborated by Social Security Administration records, constituted a timely application sufficient to toll the statute of limitations for amending self-employment income records.
• Anderson v. Honorable Warren H. Edwards
  234 So. 2d 720· Fla. 4th DCA· 1970-04-29 ·cited 10×
  Anderson sought mandamus to compel dismissal of a DUI charge based on denial of his speedy trial right under Florida law. The court found that a delay of approximately five demand filings, caused by witness unavailability and docket conflicts rather than the defendant's actions,
• Brown v. Lamb
  414 F.2d 1210· D.C. Cir.· 1969-07-17 ·cited 10×
  The court held that the evidence presented was insufficient to support a jury finding of equitable estoppel, thus affirming the trial court's judgment notwithstanding the verdict.
• 2765 S. Bayshore Drive Corp. v. Fred Howland, Inc.
  212 So. 2d 911· Fla. 3d DCA· 1968-07-30 ·cited 10×
  A building owner appealed summary judgments granted to construction contractors on statute of limitations grounds. The court affirmed, holding that both negligence and breach of contract claims were time-barred under Florida law, and that the existence of a performance bond did n