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

• In re Swine FLU Immunization Prods. Liab. Litig. Linda Kenneda v. United States
  880 F.2d 1439· D.C. Cir.· 1989-08-08 ·cited 6×
  The court held that the plaintiff's administrative claim was timely filed because the statutory period for filing was extended by a Sunday and a snow day, and the government failed to provide sufficient evidence of widespread public awareness of the link between the swine flu vac
• United States v. Lakin
  875 F.2d 168· 8th Cir.· 1989-05-15 ·cited 6×
  A judicial officer may grant a government request to seal an indictment for any legitimate prosecutorial objective or where the public interest requires it, and an informal request is sufficient to invoke the magistrate's authority to direct sealing.
• Bogorff v. Kjell Koch, M.D.
  547 So. 2d 1223· Fla. 3d DCA· 1989-04-18 ·cited 6×
  The Bogorff family appealed summary judgments entered against them in a medical malpractice and products liability suit stemming from intrathecal methotrexate injections administered to their young son Adam in 1971-1972, which allegedly caused brain damage. The court reversed, ho
• United States v. Jude G. DEL Percio
  870 F.2d 1090· 6th Cir.· 1989-03-22 ·cited 6×
  Criminal statutes of limitations are waivable affirmative defenses, and the waivers executed by the defendants were effective to extend the limitations period for Count One. However, the offenses charged in Counts Two through Nine are not continuing offenses, and their prosecutio
• Benoit Joseph v. Hess OIL
  867 F.2d 179· 3d Cir.· 1989-02-09 ·cited 6×·via Equitable Tolling
  A material question of fact exists regarding the date the plaintiff knew or should have known he contracted an asbestos-related disease, precluding summary judgment.
• Providencia Ball v. Abbott Advertising, Inc.
  864 F.2d 419· 6th Cir.· 1988-12-27 ·cited 6×·via Equitable Tolling
  A federal action under Title VII for attorney fees is barred by the statute of limitations if not filed within 90 days of the EEOC's issuance of a right-to-sue notice, even if the notice was not received by the plaintiff.
• Thomas v. Jacksonville Elec. Auth.
  536 So. 2d 310· Fla. 1st DCA· 1988-12-16 ·cited 6×
  In this workers' compensation appeal, the court reversed the deputy commissioner's denial of benefits for prescribed medication (Vicodin) received after the worker reached maximum medical improvement. The court held that palliative treatment, including prescribed medication, toll
• C.L. Turner v. Bowen
  862 F.2d 708· 8th Cir.· 1988-12-09 ·cited 6×
  The court should toll the statute of limitations due to equitable factors.
• Wong v. Otis R. Bowen, M.D.
  854 F.2d 630· 2d Cir.· 1988-08-19 ·cited 6×·via Equitable Tolling
  The court held that the plaintiff's action was time-barred because it was filed after the statutory deadline for seeking judicial review of the Social Security Administration's denial of disability benefits.
• Birdsell v. Holiday Inns
  852 F.2d 1078· 8th Cir.· 1988-08-01 ·cited 6×
  The court held that the federal district court, sitting in Missouri, should apply Missouri's procedural law regarding the commencement of actions, not Kansas's law, even when applying Kansas's statute of limitations.
• Cara Lyn Landreth v. United States
  850 F.2d 532· 9th Cir.· 1988-06-23 ·cited 6×
  The court should not have decided the constitutional claims prematurely and should have remanded for factual determination of the father's liability.
• Albert Greenwood, M.D. v. The State OF NEW York
  842 F.2d 636· 2d Cir.· 1988-03-23 ·cited 6×·via Equitable Tolling
  The court held that a complaint placed in the clerk's night depository box, stamped with the date and time, is considered filed on that date, even if after business hours, provided the clerk has actual possession.
• United States v. Bertram L. Potemken
  841 F.2d 97· 4th Cir.· 1988-03-08 ·cited 6×
  The court held that the special federal estate tax lien has an absolute ten-year duration and is not tolled by filing a foreclosure action, but the government's complaint was sufficient to give notice of a claim to foreclose on general tax liens.
• Barren v. United States
  839 F.2d 987· 3d Cir.· 1988-02-23 ·cited 6×
  The court held that a plaintiff's mental incapacity, even if caused or aggravated by the defendant's negligence, does not toll the statute of limitations under the Federal Tort Claims Act.
• Dandrea v. Malsbary Mfg. Co.
  839 F.2d 163· 3d Cir.· 1988-02-12 ·cited 6×·via Equitable Tolling
  The court held that an amendment correcting a misnomer of a defendant does not relate back under Fed.R.Civ.P. 15(c) if the original complaint did not provide the correct party with notice of the action within the limitations period.
• Scherer v. Balkema
  840 F.2d 437· 7th Cir.· 1988-02-09 ·cited 6×
  The court held that a civil conspiracy claim accrues from each overt act causing damage, not from the last overt act of the conspiracy, and that prior litigation precludes some claims.
• His Excellency v. Ramos
  835 F.2d 1486· 1st Cir.· 1987-12-30 ·cited 6×
  The court (in part V) affirmed that appellant did not establish a First Amendment claim against DACO. The concurring judge expressed optimism regarding the continued availability of the interjurisdictional certification procedure.
• Sierra Club v. Chevron U.S.A., Inc.
  834 F.2d 1517· 9th Cir.· 1987-12-29 ·cited 6×
  The court held that the five-year federal statute of limitations applies to Clean Water Act citizen enforcement suits, and the statute is tolled sixty days before the complaint is filed. It also held that administrative enforcement actions by a state agency do not bar citizen sui
• Hilton Int'l Co. v. Union de Trabajadores DE LA Industria Gastronomica de Puerto RICO
  833 F.2d 10· 1st Cir.· 1987-11-20 ·cited 6×
  A dismissal without prejudice, when the statute of limitations has run, is effectively a dismissal with prejudice, barring a new action.
• Callowhill v. The Allen-Sherman-Hoff Co., Inc.
  832 F.2d 269· 3d Cir.· 1987-11-04 ·cited 6×
  The court held that the employer's failure to post required ADEA notices tolled the statute of limitations, and equitable considerations required that the plaintiffs' complaints be considered timely filed.
• Glover v. R.C. Johnson
  831 F.2d 99· 5th Cir.· 1987-11-04 ·cited 6×
  The court held that an escapee cannot benefit from the imprisonment tolling provision of the Texas statute of limitations for § 1983 claims.
• Andrews v. Consol. Rail Corp. & United States Dep't of Labor
  831 F.2d 678· 7th Cir.· 1987-07-27 ·cited 6×
  The court held that Conrail's actions were not federal action for Fifth Amendment purposes, the Section 504 claim was time-barred, and the Department of Labor's decision not to pursue a Section 503 claim was unreviewable agency discretion.
• Tennimon v. Bell Helicopter Textron, Inc.
  823 F.2d 68· 5th Cir.· 1987-07-07 ·cited 6×
  The court held that the plaintiff's wrongful death claims were barred by the statute of limitations because limitations began to run at the date of death, not upon discovery of the cause, and tolling provisions for minors did not apply under Kentucky law.
• Demchik v. Gen. Motors Corp.
  821 F.2d 102· 2d Cir.· 1987-06-08 ·cited 6×
  The court held that the statute of limitations for a duty of fair representation claim is tolled if the union's failure to file a notice of appeal was fraudulently concealed from the employee until discovery.
• In re "Agent Orange" Product Liability Litigation. Gerald Hogan, M.D. v. The DOW Chem. Co.
  818 F.2d 210· 2d Cir.· 1987-04-21 ·cited 6×
  The court affirmed the dismissal of Dr. Hogan's case for discovery abuse and affirmed summary judgments for the Hawaiian plaintiffs' personal injury claims, but remanded Mrs. Fraticelli's wrongful death claim against chemical companies and vacated her claim against the U.S.
• Dunleavy v. Local 1617
  814 F.2d 1087· 6th Cir.· 1987-03-26 ·cited 6×
  The court held that the six-month limitations period for LMRDA Title I actions is tolled while a union member pursues internal union remedies.
• United States v. Peloquin
  810 F.2d 911· 9th Cir.· 1987-02-18 ·cited 6×
  An indictment dismissed for non-compliance with the Speedy Trial Act is not considered "defective or insufficient" for the purpose of triggering the six-month savings clause under 18 U.S.C. § 3288.
• Homero Lopez v. Citibank, N.A.
  808 F.2d 905· 1st Cir.· 1987-01-12 ·cited 6×
  Mental incapacity does not automatically toll the statute of limitations in an employment discrimination suit, especially when the plaintiff is represented by counsel.
• Vucinich v. Paine
  803 F.2d 454· 9th Cir.· 1986-10-23 ·cited 6×
  The court held that the district court erred in directing a verdict for the defendants, as factual issues remained regarding the defendants' liability for securities violations, fraud, and breach of fiduciary duty.
• Vega-Velez v. United States
  800 F.2d 288· 1st Cir.· 1986-09-10 ·cited 6×
  The court held that the Federal Tort Claims Act claim was time-barred because the cause of action accrued at the time of injury, and state tolling rules do not apply to federal statutes of limitations.
• Jewel M. Cooper v. Diamond M Co.
  799 F.2d 176· 5th Cir.· 1986-09-08 ·cited 6×
  The court held that the three-year statute of limitations under 46 U.S.C. § 763a applies to unseaworthiness claims accruing before its enactment, and that a maintenance and cure claim accrues when the seaman becomes incapacitated, not when the injury occurs.
• State v. Sipe
  492 So. 2d 679· Fla. 1st DCA· 1986-06-04 ·cited 6×
  Florida's appellate court affirmed the dismissal of a URESA action seeking to collect child support arrearages when both children had reached majority. The court held that URESA is limited to enforcing support obligations for unemancipated minor children and is not an appropriate
• Hunter v. Stephenson Roofing, Inc.
  790 F.2d 472· 6th Cir.· 1986-05-07 ·cited 6×·via Equitable Tolling
  The ninety-day period for filing a Title VII suit begins to run when the EEOC mails the right-to-sue notice to the claimant's last known address, even if the claimant does not actually receive it, provided the claimant failed to notify the EEOC of an address change.
• White v. Murphy
  789 F.2d 614· 8th Cir.· 1986-04-24 ·cited 6×
  The court affirmed the district court's dismissals and summary judgment, finding claims barred by statute of limitations, immunity, res judicata, and collateral estoppel, or lacking sufficient evidence.
• In re Chicago
  788 F.2d 1280· 7th Cir.· 1986-04-22 ·cited 6×
  The court held that the reorganization court was not required to appoint a guardian ad litem for a minor potential claimant and that the claimant's suit was barred by laches and the claims deadline.
• Patricio Galvan v. Bexar Cnty.
  785 F.2d 1298· 5th Cir.· 1986-04-02 ·cited 6×·via Equitable Tolling
  The court held that equitable principles excused the claimant's failure to strictly comply with ADEA administrative filing requirements when the EEOC made an error and the employer had actual notice of the claim.
• Boris Sawchik v. E.I. DuPONT Denemours & Co.
  783 F.2d 635· 6th Cir.· 1986-02-13 ·cited 6×·via Equitable Tolling
  The court held that the plaintiff's age discrimination claim was time-barred because the alleged discriminatory act occurred outside the 300-day filing period with the EEOC, and equitable tolling was not warranted.
• ARCH Eng'g Co., Inc. v. The United States
  783 F.2d 190· Fed. Cir.· 1986-02-11 ·cited 6×
  The court held that the taxpayers' protests and executed waiver forms did not constitute timely informal refund claims, and the existence of conflicting case law did not toll the statute of limitations for filing such claims.
• Petros A. Palandjian v. Ashraf Pahlavi
  782 F.2d 313· 1st Cir.· 1986-01-30 ·cited 6×
  The court held that the interlocutory appeal was improvidently granted because the issue of the extent of the duress exception to the statute of limitations is not a controlling question of law suitable for interlocutory appeal under 28 U.S.C. § 1292(b).
• Brown v. Marsh
  777 F.2d 8· D.C. Cir.· 1985-11-15 ·cited 6×·via Equitable Tolling
  The dissenting judge holds that the district court properly dismissed the complaint for failure to consult an EEO counselor within the required 30 days.
• Leford T. Davis v. Bethlehem Steel Corp.
  769 F.2d 210· 4th Cir.· 1985-08-07 ·cited 6×
  The court held that the filing of a prior, nonspecific class action complaint did not toll the statute of limitations for subsequent individual claims because it did not provide adequate notice to the defendants.
• Byers v. Follmer Trucking Co. & N. Penn Transfer, Inc.
  763 F.2d 599· 3d Cir.· 1985-06-14 ·cited 6×·via Equitable Tolling
  The court held that most claims were time-barred due to failure to establish equitable tolling and affirmed the dismissal of those claims, but vacated the judgment on one plaintiff's retaliation claim for further proceedings.
• Kolomick v. United Steelworkers OF Am., Dist. 8, AFL-CIO
  762 F.2d 354· 4th Cir.· 1985-05-09 ·cited 6×
  The filing and pendency of an unfair labor practice claim with the NLRB does not toll the six-month statute of limitations for filing a hybrid § 301 action in federal court.
• United States v. Core Labs., Inc.
  759 F.2d 480· 5th Cir.· 1985-05-06 ·cited 6×·via Equitable Tolling
  The court held that the five-year statute of limitations for enforcing civil penalties under 28 U.S.C. § 2462 begins to run from the date of the underlying violation, not the date of the final administrative order assessing the penalty.
• United States v. Gerhard T. Beck, M.D.
  758 F.2d 1553· 11th Cir.· 1985-04-30 ·cited 6×
  The court held that the government's action to recoup Medicare overpayments was timely filed within the six-year statute of limitations, and the physician waived his right to challenge the reopening of his claims by failing to pursue administrative remedies.
• Whitson v. Baker
  755 F.2d 1406· 11th Cir.· 1985-03-22 ·cited 6×
  The Alabama Supreme Court held that the tolling statute, Ala. Code § 6-2-8, does not apply to a prisoner who was a pretrial detainee when the cause of action accrued, even if later convicted and sentenced to a term less than life.
• Fluor Eng'rs & Constructors, Inc. v. S. Pac. Transp. Co.
  753 F.2d 444· 5th Cir.· 1985-02-20 ·cited 6×
  The court held that the district court properly allowed amendment of defective service of a cross-claim under Rule 4(h) and that arbitration agreements did not preclude the court's jurisdiction over all damage claims.
• Mason v. Ford Motor Co.
  755 F.2d 120· 8th Cir.· 1985-02-12 ·cited 6×
  The tolling provision of Missouri law for mental incompetents applies to lawsuits commenced by their guardians.
• Donovan v. Hahner
  736 F.2d 1421· 10th Cir.· 1984-06-15 ·cited 6×·via Equitable Tolling
  The 30-day filing requirement under the Occupational Safety and Health Act is a statute of limitations subject to equitable tolling, not a jurisdictional prerequisite, and the employer's misleading conduct justified tolling.
• Dataq, Inc. v. Tokheim Corp.
  736 F.2d 601· 10th Cir.· 1984-05-30 ·cited 6×
  The court held that the trial court erred in directing a verdict on the patent infringement claim, but properly directed a verdict on the breach of contract claim due to the statute of limitations. The denial of attorney's fees was also affirmed.