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

• Studnicka v. Honorable James T. Carlisle
  553 So. 2d 392· Fla. 4th DCA· 1989-12-13 ·cited 4×
  Petitioner, a criminal defendant, seeks a writ of prohibition challenging a trial court's denial of his motion to dismiss two counts of an indictment on statute of limitations grounds. The appellate court granted the petition, finding the trial court erred by failing to hold an e
• Personis v. Oiler
  889 F.2d 424· 2d Cir.· 1989-11-08 ·cited 4×
  A New York statute providing a sixty-day extension of the statute of limitations applies to federal court diversity suits, as it is an integral part of the state's statute of limitations.
• Bijan N. Tabrizi and Fahimeh A. Tabrizi v. Vill. OF Glen Ellyn
  883 F.2d 587· 7th Cir.· 1989-08-31 ·cited 4×
  The court affirmed the district court's denial of sanctions and attorney's fees, finding no abuse of discretion.
• Rowland v. Donald A. Patterson, M.D.
  882 F.2d 97· 4th Cir.· 1989-08-10 ·cited 4×
  Diversity jurisdiction is determined by the parties' citizenship at the time the federal complaint is filed, not when a prior state arbitration claim was commenced.
• Temengil v. Tr. Territory OF the Pac. Islands
  881 F.2d 647· 9th Cir.· 1989-07-28 ·cited 4×·via Equitable Tolling
  The court held that it lacked jurisdiction to hear claims against the Trust Territory because they were essentially suits against the United States, and no waiver of sovereign immunity was found.
• Bowyer v. The United States Dep't OF AIR Force & Grissom Air Force Base
  875 F.2d 632· 7th Cir.· 1989-05-23 ·cited 4×
  The court held that the plaintiff's Privacy Act claim was time-barred because he knew or had reason to know of the existence of the allegedly erroneous records more than two years before filing suit, and the subsequent use of those records by a board did not constitute a new caus
• Bendeck v. Allen Berry, D.D.S.
  546 So. 2d 14· Fla. 3d DCA· 1989-05-16 ·cited 4×·via Equitable Tolling
• JAY v. Int'l Salt Co.
  868 F.2d 179· 5th Cir.· 1989-03-24 ·cited 4×·via Equitable Tolling
  The court held that the plaintiff's age discrimination claim under Louisiana law was subject to a one-year statute of limitations that began to run from the date of notification, not the date of discharge.
• Hill v. Imports
  869 F.2d 1122· 8th Cir.· 1989-03-13 ·cited 4×·via Equitable Tolling
  The ninety-day limitation period for filing a Title VII action is subject to equitable tolling, but tolling is not warranted when the plaintiff failed to notify the EEOC of a change of address.
• Douglas v. Hugh A. Stallings, M.D., Inc.
  870 F.2d 1242· 7th Cir.· 1989-03-13 ·cited 4×
  The court held that the Indiana Medical Malpractice Act's statute of limitations, which limits tolling for minors with permanent disabilities, does not violate the Fourteenth Amendment's equal protection or due process clauses.
• Aluminum Co. OF Am. v. United States & Interstate Commerce Comm'n
  867 F.2d 1448· D.C. Cir.· 1989-02-17 ·cited 4×
  The court held that while the ICC correctly determined Alcoa's claim was for damages subject to a two-year statute of limitations, its arithmetic regarding tolling was flawed, potentially allowing recovery for some late 1982 shipments.
• Nat'l AIR Transp. Ass'n v. Honorable T. Allan McARTOR
  866 F.2d 483· D.C. Cir.· 1989-01-27 ·cited 4×
  The court held that the petition for review of the 1984 rule was time-barred because it was filed long after the 60-day limit expired, even though the initial notice was inadequate.
• Uss Agri-Chemicals v. Waddell
  537 So. 2d 111· Fla.· 1989-01-26 ·cited 4×
  The Florida Supreme Court addressed whether a worker's incarceration tolls the two-year period for wage-loss benefits under workers' compensation law. The Court held that incarceration does not toll the statutory period, but rather shifts the burden to the claimant to prove he wo
• USX Corp. v. Schilbe
  535 So. 2d 719· Fla. 2d DCA· 1989-01-06 ·cited 4×
  The court held that the automatic bankruptcy stay does not toll the statutory period for foreclosing a mortgage or enforcing a mortgage lien.
• Fridovich v. State
  537 So. 2d 648· Fla. 4th DCA· 1989-01-04 ·cited 4×
  The statute of limitations was tolled by the filing of the original information and continued to be tolled throughout the subsequent prosecutions, as the second information was a continuation of the original prosecution and did not prejudice the appellant.
• Young v. Clantech, Inc.
  863 F.2d 300· 3d Cir.· 1988-12-23 ·cited 4×
  The timely filing of a lawsuit in a court that lacks personal jurisdiction over the defendant does not toll the applicable New Jersey statute of limitations.
• McCORT v. Southland Corp. & Kemper Grp.
  543 So. 2d 232· Fla. 1st DCA· 1988-12-13 ·cited 4×
  An employer and carrier are estopped from invoking the statute of limitations defense in a workers' compensation claim when their failure to notify the claimant of her benefits and rights under the Workers' Compensation Act has effectively lulled her into complacency.
• Land AIR Delivery, Inc. v. Nat'l Labor Relations Bd.
  862 F.2d 354· D.C. Cir.· 1988-12-02 ·cited 4×
  The court held that permanently subcontracting bargaining unit work during a strike without bargaining with the union violates the National Labor Relations Act, and the union's claim was not barred by the statute of limitations.
• Alexander Leon Banks v. Rockwell Int'l N. Am. Aircraft Operations
  855 F.2d 324· 6th Cir.· 1988-08-24 ·cited 4×·via Equitable Tolling
  The court held that the ninety-day period for filing a Title VII action begins to run five days after the EEOC mails the notice of right to sue, and equitable tolling does not apply when the claimant fails to notify the EEOC of an address change.
• The State OF Tex. v. Allan Constr. Co., Inc.
  851 F.2d 1526· 5th Cir.· 1988-08-17 ·cited 4×·via Equitable Tolling
  Acts taken to conceal wrongful conduct can support fraudulent concealment even if they occur during the offense and further it, and bid-rigging is not inherently self-concealing, requiring proof of affirmative acts of concealment.
• Kropinski v. World Plan Executive Council-Us
  853 F.2d 948· D.C. Cir.· 1988-08-05 ·cited 4×
  The court held that the claim for negligent infliction of psychological injury was barred by District of Columbia law requiring a physical injury, and that the jury instructions on the statute of limitations for fraud were flawed, requiring a new trial on that claim.
• State Bank OF Coloma & Raymond & Rita Janecko v. Nat'l Flood Ins. Program & Gen. Julius W. Becton
  851 F.2d 817· 6th Cir.· 1988-07-11 ·cited 4×
  The court should not penalize the client for the lawyer's errors in naming the defendant, as the statute of limitations is tolled when the correct party appears and defends.
• Atchison v. Interstate Commerce Comm'n & United States
  851 F.2d 1432· D.C. Cir.· 1988-07-08 ·cited 4×·via Equitable Tolling
  The court held that claims for rail rate refunds under the Staggers Rail Act accrue upon delivery or tender of delivery of the shipment, as mandated by statute, and not upon later clarification of legal entitlement.
• Cobb v. Stringer
  850 F.2d 356· 8th Cir.· 1988-06-21 ·cited 4×·via Equitable Tolling
  The court held that the plaintiff's initial EEOC charge, liberally construed, provided notice of discriminatory hiring practices that could reasonably lead to an investigation of the rehiring of a male assistant principal, and that a material issue of fact existed regarding wheth
• Gardner v. Int'l Tel. Emps. Local NO. 9
  850 F.2d 518· 9th Cir.· 1988-06-21 ·cited 4×
  The court held that the six-month statute of limitations from the NLRA, as extended by DelCostello, applies to claims under section 104 of the LMRDA, and that this extension should be applied retroactively. However, the court reversed and remanded the fair representation claim du
• United States v. Castellano
  848 F.2d 63· 5th Cir.· 1988-06-13 ·cited 4×
  The court held that the initial indictment, even if defective, tolled the Speedy Trial Act limitations period, and delays from pretrial motions were properly excluded.
• Bacon v. City OF LOS Angeles
  843 F.2d 372· 9th Cir.· 1988-03-31 ·cited 4×·via Equitable Tolling
  The court should reverse the decision because federal policy supports equitable tolling for civil rights claims, allowing plaintiffs a choice of forums.
• Funk v. Sperry Corp.
  842 F.2d 1129· 9th Cir.· 1988-03-24 ·cited 4×·via Equitable Tolling
  The court held that summary judgment for the employer was appropriate on all claims, affirming the district court's decision.
• Trent v. Bolger
  837 F.2d 657· 4th Cir.· 1988-01-29 ·cited 4×
  The court held that the six-month statute of limitations for a hybrid § 1208 action was tolled by the employee's appeal to the MSPB, as it was not a parallel proceeding but the sole avenue of administrative relief.
• Cannon v. The Kroger Co.
  837 F.2d 660· 4th Cir.· 1988-01-29 ·cited 4×
  The court should not have dismissed the plaintiff's hybrid action for failing to file a federal-style complaint within six months of accrual. The action was timely commenced in state court under North Carolina procedural rules, which were applicable prior to removal. Federal Rule
• Robbin v. Fluor Corp. & Fluor Acquisition Corp.
  835 F.2d 213· 9th Cir.· 1987-12-28 ·cited 4×
  The commencement of a class action tolls the statute of limitations for all asserted members of the class who would have been parties, but this tolling does not extend to subsequent class actions filed by class members. State tolling doctrines do not necessarily apply when state
• Stafford v. Ford Motor Co.
  835 F.2d 1227· 8th Cir.· 1987-12-18 ·cited 4×
  The court held that Stafford's letter sufficiently qualified as an appeal under section 2(b) of the UAW constitution, thus exhausting his internal union remedies, and that his claim was timely filed.
• Marlin Maxwell v. Hyson Swain
  833 F.2d 1177· 5th Cir.· 1987-12-16 ·cited 4×
  A pending state suit, even if dismissed for improper venue, tolls the federal statute of limitations if the suit is timely filed and service of process is obtained within a reasonable time, serving the policy behind the limitation period.
• State OF Colo. ex rel. Colo. Attorney Gen. v. W. Paving Constr. Co.
  833 F.2d 867· 10th Cir.· 1987-11-16 ·cited 4×
  The court concurred in the result, finding it required by precedent, but expressed reservations about the 'self-concealing fraud' concept.
• Foster v. Peddicord
  826 F.2d 1370· 4th Cir.· 1987-08-26 ·cited 4×
  The court held that the plaintiff's suit was timely filed, as the insurer's intervention ratified the employee's action, and that the unseaworthiness claim lacked admiralty jurisdiction because the recreational swimming accident had no nexus to traditional maritime activity.
• Dautremont v. Broadlawns Hosp.
  827 F.2d 291· 8th Cir.· 1987-08-20 ·cited 4×
  The court held that while the district court erred in applying the six-month statute of limitations, the plaintiff's claims for the first hospitalization are time-barred by the two-year statute, and claims for the second and third hospitalizations do not present a due process vio
• Fontana v. Elrod
  826 F.2d 729· 7th Cir.· 1987-08-19 ·cited 4×
  The court held that res judicata bars appellants from filing a new class action because they were members of a prior class, received adequate notice of the settlement, and are bound by the prior litigation's determination.
• Gamal S. Henein v. Saudi Arabian Parsons Ltd.
  818 F.2d 1508· 9th Cir.· 1987-06-05 ·cited 4×
  The court held that the employer was justified in terminating the employee's contract due to the Saudi Arabian government's order of banishment, and that the employee's other claims lacked admissible evidence or were time-barred.
• Bendix Autolite Corp. v. Midwesco Enters., Inc.
  820 F.2d 186· 6th Cir.· 1987-06-03 ·cited 4×
  The court held that Ohio's tolling statute, which prevents the statute of limitations from running when a defendant is out of state, imposes an impermissible burden on interstate commerce and is therefore unconstitutional as applied to foreign corporations engaged exclusively in
• Graham v. Holler
  499 So. 2d 62· Fla. 5th DCA· 1986-12-24 ·cited 4×
  The court held that the plaintiff suffered no damages as a result of the attorney's alleged malpractice, and therefore, the statute of limitations had not been tolled.
• Rose v. Sec'y OF the Dep't OF Labor
  800 F.2d 563· 6th Cir.· 1986-09-03 ·cited 4×
  The court held that the Administrator's notice of determination was defective because it failed to inform the complainant of their right to request a hearing, requiring remand.
• City OF Orlando & Greater Orlando Aviation Auth. v. Williams
  493 So. 2d 15· Fla. 5th DCA· 1986-07-24 ·cited 4×
  The City of Orlando and Greater Orlando Aviation Authority appealed a trial court judgment granting specific performance to Williams and Langford for a hotel lease dating to 1965. The appellate court reversed, holding that the action was barred by the one-year statute of limitati
• Burlington N., Inc. v. Nw. Steel & Wire Co.
  794 F.2d 1242· 7th Cir.· 1986-07-07 ·cited 4×
  The court held that Northwestern Steel's appeal of the ICC decision was untimely filed, and Burlington Northern's suit to collect charges was not time-barred as it was based on the original complaint, not an ICC order.
• Richardson v. R.L. Wilson and Lawrence Stoutamire, Jr.
  490 So. 2d 1039· Fla. 1st DCA· 1986-06-27 ·cited 4×·via Tolling Provisions
  The court held that the plaintiffs bore the burden of proving latent defects when asserting a claim under a statute of limitations with a specific exception for latent defects.
• Montagino v. Dr. Salvador "Sal" Canale
  792 F.2d 554· 5th Cir.· 1986-06-25 ·cited 4×
  The Louisiana medical malpractice statute of limitations applies to intentional torts and is constitutional, barring the plaintiff's claim filed more than three years after the alleged malpractice.
• Amelco Inv. Corp. v. Bryant Elec. Co.
  487 So. 2d 386· Fla. 1st DCA· 1986-04-23 ·cited 4×
  Amelco Investment Corp. sought to appeal a partial summary judgment order dismissing several invoices based on statute of limitations grounds. The court found the order non-final and non-appealable, but treated the appeal as a petition for common law certiorari and affirmed the t
• Geyen v. Marsh
  782 F.2d 1351· 5th Cir.· 1986-02-20 ·cited 4×
  The court held that its prior decision, which allowed for judicial review of Board for Correction of Military Records (BCMR) decisions under certain standards and permitted tolling of the statute of limitations, does not create significant practical problems despite differing pre
• Washington v. Duffy Breaux
  782 F.2d 553· 5th Cir.· 1986-02-14 ·cited 4×
  The court held that the appellant's section 1983 suit was properly dismissed as untimely filed because the initial filing in a state appellate court without proper service did not interrupt the statute of limitations.
• Jones v. Seaboard Sys. R.R.
  783 F.2d 639· 6th Cir.· 1986-02-13 ·cited 4×
  The court held that the appellant's action to compel the National Railroad Adjustment Board to reconsider its decision was time-barred by the two-year statute of limitations under the Railway Labor Act.
• Gray v. Local 714
  778 F.2d 1087· 5th Cir.· 1985-12-18 ·cited 4×
  The court affirmed dismissal of federal and state contract claims but reversed dismissal of the fraudulent inducement claim.