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

• McDONALD v. Sec'y OF Health & Human Servs.
  834 F.2d 1085· 1st Cir.· 1987-12-08 ·cited 8×
  The court held that the district court had jurisdiction and authority to allow class members to pursue lapsed administrative review remedies due to the pendency of the class action.
• Imogean Sosbe v. Delco Elecs. Div. OF Gen. Motors Corp.
  830 F.2d 83· 7th Cir.· 1987-09-15 ·cited 8×
  The court held that the employee's hybrid § 301/fair representation claim was barred by both failure to exhaust internal union remedies and the statute of limitations.
• Hovater v. Equifax, Inc.
  823 F.2d 413· 11th Cir.· 1987-07-30 ·cited 8×
  The court held that Hovater's defamation claims were time-barred and that the Fair Credit Reporting Act (FCRA) does not apply to insurance claims reports.
• United States v. Srulowitz
  819 F.2d 37· 2d Cir.· 1987-05-15 ·cited 8×
  The court held that a contemporaneous record of the application to seal an indictment is not required to determine when the indictment was 'found' for statute of limitations purposes.
• Ledesma v. Jack Stewart Produce, Inc.
  816 F.2d 482· 9th Cir.· 1987-05-05 ·cited 8×
  The court should apply the forum's statute of limitations, even if California law is involved, as statutes of limitations are generally procedural.
• Ross v. U.S. Postal Serv.
  814 F.2d 616· 11th Cir.· 1987-04-13 ·cited 8×·via Equitable Tolling
  The thirty-day limitation for filing a Title VII civil action by an aggrieved federal employee after adverse agency action is not jurisdictional.
• Hughes v. Sheriff OF Fall River Cnty. Jail & Jeff Tarell
  814 F.2d 532· 8th Cir.· 1987-03-24 ·cited 8×
  A state statute that tolls the statute of limitations for state claims during imprisonment but excludes federal civil rights claims is inconsistent with federal law and cannot be applied to bar such claims.
• Brown v. J.I. Case Co.
  813 F.2d 848· 7th Cir.· 1987-03-12 ·cited 8×
  The court held that the plaintiff's Title VII claims were barred by the doctrine of res judicata and 28 U.S.C. § 1738 because the state court judgment reviewing the administrative proceedings was final and entitled to preclusive effect. The court also held that the trial court di
• Eagle Nat'l Bank OF Miami v. Burks
  502 So. 2d 69· Fla. 3d DCA· 1987-02-10 ·cited 8×
  Eagle National Bank of Miami appeals a summary judgment in favor of William J. Burks, who sought to cancel a note and mortgage on the ground that enforcement was barred by Florida's five-year statute of limitations. The court affirms, holding that the statute of limitations had e
• Winfield O. Knight and Audrey P. Knight v. Brown Transp. Corp.
  806 F.2d 479· 3d Cir.· 1986-12-04 ·cited 8×
  The court held that Brown Transport was not estopped from pleading the statute of limitations because there was no misrepresentation, no statutory duty to disclose, and the plaintiff failed to act diligently or utilize available procedural devices.
• Attache Resort Motel, Ltd. v. Kaplan
  498 So. 2d 501· Fla. 3d DCA· 1986-11-12 ·cited 8×
  Attache Resort Motel and its general partners appealed a judgment entered in favor of Leonard Kaplan on his counterclaim alleging fraud, securities law violations, and breach of contract. The court reversed, holding that Kaplan's state court counterclaim was barred by the statute
• Bolling v. City & Cnty. OF Denver
  790 F.2d 67· 10th Cir.· 1986-05-07 ·cited 8×·via Equitable Tolling
  The court held that the plaintiff's claims under 42 U.S.C. §§ 1981 and 1983 were precluded by a prior state court judgment under the doctrine of res judicata, and the Title VII claim was barred by the statute of limitations.
• State v. The Cir. Court In & For Escambia Cnty.
  487 So. 2d 65· Fla. 1st DCA· 1986-04-09 ·cited 8×
  Florida petitioner Welch seeks a writ of prohibition to bar his trial for armed robbery on statute of limitations grounds. The court holds that under the express definition of 'commencement' in Florida Statutes section 775.15, prosecution commences only when an indictment or info
• Antoine v. United States Postal Serv.
  781 F.2d 433· 5th Cir.· 1986-01-28 ·cited 8×·via Equitable Tolling
  The filing of a right-to-sue notice and a request for appointment of counsel does not commence a civil action under Federal Rules of Civil Procedure 3 and 8(a) if it lacks a short and plain statement of the claim showing entitlement to relief.
• Dillman v. Combustion Eng'g, Inc.
  784 F.2d 57· 2d Cir.· 1986-01-28 ·cited 8×·via Equitable Tolling
  The court held that the appellant failed to establish a triable issue of fact regarding equitable tolling or equitable estoppel for his untimely EEOC filing.
• Swietlik v. Safran
  779 F.2d 1306· 7th Cir.· 1985-12-26 ·cited 8×
  The court held that the estate's trustee should have filed a conditional claim tolling the statute of limitations, despite potential conflicts with fiduciary duties.
• MacOn v. ITT Cont'l Baking Co., Inc.
  779 F.2d 1166· 6th Cir.· 1985-12-23 ·cited 8×
  The court held that hybrid 301/fair representation suits are governed by the Federal Rules of Civil Procedure for service of process, not the specific service requirements of Section 10(b) of the NLRA.
• Rev. George Taylor v. Bunge Corp.
  775 F.2d 617· 5th Cir.· 1985-10-31 ·cited 8×
  The statute of limitations for claims under 42 U.S.C. § 1981 and Title VII begins to run upon discharge and is not a continuing violation.
• McTIGHE v. Mechanics Educ. Soc'y OF Am., Local 19, AFL-CIO
  772 F.2d 210· 6th Cir.· 1985-09-04 ·cited 8×·via Equitable Tolling
  The court held that a supervisor terminated from employment is not owed a duty of fair representation by the union, and an age discrimination claim was barred by the statute of limitations.
• Casey v. Merit Sys. Prot. Bd.
  748 F.2d 685· Fed. Cir.· 1984-11-28 ·cited 8×
  The court held that the Merit Systems Protection Board's dismissal of an appeal as untimely was an abuse of discretion because the Board failed to consider whether the employee acted with due diligence once informed of his appeal rights.
• Boyd Bros. Transp. Co., Inc. v. Fireman's Fund Ins. Cos.
  729 F.2d 1407· 11th Cir.· 1984-04-16 ·cited 8×
• Hill v. AT & T Techs., Inc.
  731 F.2d 175· 4th Cir.· 1984-03-27 ·cited 8×
  The court held that petitioners seeking to intervene as class representatives failed to demonstrate formal qualifications, as their claims were time-barred or unrelated to the original class claims, and the successor facility argument was factually unsupported.
• Harris v. City OF Canton
  725 F.2d 371· 6th Cir.· 1984-01-13 ·cited 8×
  The court held that the refiled civil rights action was not barred by the statute of limitations because the Ohio Savings Statute applied, and the district court erred in its interpretation of the statute and its tolling analysis.
• Fla. Structures, Inc. v. Hallie A. Morton
  443 So. 2d 444· Fla. 1st DCA· 1984-01-10 ·cited 8×
  Florida Structures, Inc. and American States Insurance Company appealed a workers' compensation order awarding medical benefits and attorney's fees to an injured employee. The court reversed, holding that the claim for future medical treatment was barred by the two-year statute o
• Obed Aarsvold v. Greyhound Lines, Inc.
  724 F.2d 72· 8th Cir.· 1983-12-27 ·cited 8×
  The court held that the six-month statute of limitations from DelCostello v. International Brotherhood of Teamsters applies to Section 301 suits, and the claim was untimely.
• Greenhaw v. Lubbock Cnty. Bev. Ass'n
  721 F.2d 1019· 5th Cir.· 1983-12-27 ·cited 8×
  The court held that the district court did not abuse its discretion in certifying the class or bifurcating the trial, and that the evidence presented was sufficient to support the jury's findings on liability, injury, and damages.
• Robie Louis Scott v. ST. Paul Postal Serv.
  720 F.2d 524· 8th Cir.· 1983-11-08 ·cited 8×
  A Title VII action must be filed within thirty days of receiving the agency's final decision, and a continuing violation theory does not excuse this requirement.
• Baron v. Allied Artists Pictures Corp.
  717 F.2d 105· 3d Cir.· 1983-09-19 ·cited 8×
  The court held that a cause of action for damages under federal securities law accrues when the action can be prosecuted to a successful conclusion, not merely when the plaintiff gains knowledge of the violation.
• Harper v. Wilton B. Burgess
  701 F.2d 29· 4th Cir.· 1983-02-23 ·cited 8×·via Equitable Tolling
  The court held that notice to a plaintiff's attorney constitutes notice to the plaintiff for the purpose of the 90-day filing period for a right-to-sue letter.
• Vest v. Sterling Bossard
  700 F.2d 600· 10th Cir.· 1983-02-18 ·cited 8×
  The court held that the statute of limitations should be tolled because the plaintiff could not have discovered the cause of action due to a conspiracy and cover-up by the defendants. The plaintiff's suspicions were insufficient to start the limitations period.
• Wally Fischer v. Iowa Mold Tooling Co., Inc.
  690 F.2d 155· 8th Cir.· 1982-10-15 ·cited 8×
  In a diversity case, commencement of an action for the purpose of applying a state statute of limitations is governed by state law, not Federal Rule of Civil Procedure 3.
• FOX v. Eaton Corp.
  689 F.2d 91· 6th Cir.· 1982-09-27 ·cited 8×
  The court held that the plaintiff's Title VII claim was properly dismissed because she failed to file a charge with the EEOC within the statutory 180-day period, and no equitable grounds existed to toll this period.
• Allie v. Ionata
  417 So. 2d 1077· Fla. 5th DCA· 1982-08-04 ·cited 8×
  The court held that the four-year statute of limitations for rescission actions applies, and it cannot be extended by the fraud exception when a jury has found no fraud occurred.
• Pavlak v. John R. Church
  681 F.2d 617· 9th Cir.· 1982-07-14 ·cited 8×
  The dissent argues that the Supreme Court's precedent in Eisen mandates that the statute of limitations tolling rule applies to all class members, including those who file separate lawsuits after denial of class certification.
• Lanier Waiters v. Robert Bosch Corp.
  683 F.2d 89· 4th Cir.· 1982-07-07 ·cited 8×·via Equitable Tolling
  The court held that the plaintiff's affidavit, despite minor omissions, constituted a sufficient charge of discrimination under Title VII, and the filing period should be tolled due to equitable circumstances.
• Mrs. Sharon COX v. McDONNELL-Douglas Corp.
  665 F.2d 566· 5th Cir.· 1982-01-11 ·cited 8×
  The court held that Idaho substantive law governs the wrongful death action and that the minor children's claims were timely filed under both Texas and Idaho statutes of limitations.
• Bickford v. The United States
  656 F.2d 636· Ct. Cl.· 1981-07-29 ·cited 8×
  The court held that the claim is timely filed due to tolling provisions for military service, and that the statute of limitations is jurisdictional and must be expressly waived.
• Premium Mgmt., Inc. v. Walker
  648 F.2d 778· 1st Cir.· 1981-05-13 ·cited 8×
  The court held that the plaintiff's claims were barred by the statute of limitations because the plaintiff, through reasonable diligence, should have discovered the alleged injury and its cause well before the limitations period expired.
• Indus. Consultants, Inc. v. H. S. Equities, Inc.
  646 F.2d 746· 2d Cir.· 1981-03-31 ·cited 8×·via Tolling Provisions
  The court held that the district court correctly applied Oklahoma's two-year statute of limitations, and the action was time-barred, affirming the summary judgment.
• Schaefer v. Stack
  641 F.2d 227· 5th Cir.· 1981-03-30 ·cited 8×
  The court held that the prisoner's pro se suit was barred by the analogous Florida statute of limitations, as imprisonment does not toll the statute for civil rights claims.
• United States v. Gravette Manor Homes, Inc.
  642 F.2d 231· 8th Cir.· 1981-02-27 ·cited 8×
  The court held that the six-year statute of limitations for the government's action to recover Medicare overpayments begins to run from the date of the final retroactive adjustment (final determination of liability), not from the completion of the audit.
• Mellman v. Honorable John A. Rudd
  389 So. 2d 706· Fla. 1st DCA· 1980-10-30 ·cited 8×·via Equitable Tolling
  An immunity contract is not an exceptional circumstance permitting tolling of the speedy trial rule under Florida Rule of Criminal Procedure 3.191(d)(2), and the right to speedy trial cannot be waived on a silent record. The 180-day speedy trial period is strictly measured absent
• Wilder Enters., Inc. v. Allied Artists Pictures Corp.
  632 F.2d 1135· 4th Cir.· 1980-10-03 ·cited 8×
  The court held that there was sufficient evidence to submit the issue of conspiracy to a jury against certain film exhibitors and distributors, and that the trial court erred in directing a verdict for them.
• Calhoun v. Kieth Ford
  625 F.2d 576· 5th Cir.· 1980-09-05 ·cited 8×
  Federal Rule of Civil Procedure 3 governs the commencement of a civil action for federal timing purposes, but does not affect state statutes of limitations, requiring application of state law for tolling.
• Nat'l Labor Relations Bd. v. Allied Prods. Corp.
  629 F.2d 1167· 6th Cir.· 1980-09-04 ·cited 8×
• Gatlin v. Mo. Pac. R.R. Co. & United Transp. Union
  631 F.2d 551· 8th Cir.· 1980-08-14 ·cited 8×
  The court held that claims for review of a Public Law Board decision and for unfair representation under the Railway Labor Act are subject to a two-year statute of limitations, which began to run from the date of the Board's decision, and that state tolling statutes do not apply
• Brown v. Officer Bigger
  622 F.2d 1025· 10th Cir.· 1980-06-10 ·cited 8×
  The court held that while the inmate's action was not barred by the statute of limitations, the dismissal was proper because the guards' actions did not constitute cruel and unusual punishment.
• Leigh v. McGUIRE
  613 F.2d 380· 2d Cir.· 1979-12-19 ·cited 8×
  The statute of limitations for a § 1983 action should be tolled during the pendency of intertwined state criminal and Article 78 proceedings when federal claims were necessarily raised in those state actions.
• Amcar Division v. Nat'l Labor Relations Bd.
  592 F.2d 422· 8th Cir.· 1979-02-06 ·cited 8×
  The court held that an employer has a duty to bargain with the union over subcontracting unit work, and the six-month statute of limitations is tolled when the employer fraudulently conceals the subcontracting.
• Braude v. The United States
  585 F.2d 1049· Ct. Cl.· 1978-10-18 ·cited 8×
  The court held that the plaintiff's claim is time-barred because she was on inquiry notice of her potential claim more than six years before filing suit.