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

• Kuehner v. Heckler
  778 F.2d 152· 3d Cir.· 1985-12-09 ·cited 4×
  The Social Security Benefit Reform Act of 1984 (SSDBRA) makes the sixty-day limitation of 42 U.S.C. § 405(g) inapplicable to class actions seeking review under SSDBRA § 2(d)(3), allowing the plaintiff class to include those whose benefits were terminated as far back as June 1, 19
• Hamilton v. Leonard K. Smith, M.D.
  773 F.2d 461· 2d Cir.· 1985-09-20 ·cited 4×
  The court held that under Connecticut law, the two-year statute of limitations for medical malpractice begins to run when the plaintiff discovers or should have discovered actionable harm, not merely physical injury. The three-year statute of repose begins to run from the act or
• C.O.D.E., Inc. v. Interstate Commerce Comm'n & United States
  768 F.2d 1210· 10th Cir.· 1985-07-29 ·cited 4×
  The court held that the appeal was timely filed and that the Interstate Commerce Commission's decision granting SRTC operating authority was supported by substantial evidence and not arbitrary or capricious.
• Carter v. Wash. Metro. Area Transit Auth.
  764 F.2d 854· D.C. Cir.· 1985-06-14 ·cited 4×
  The filing of a suit in a local D.C. court does not toll the statute of limitations for a suit filed in federal court if the local court initially dismissed for lack of jurisdiction but was later reversed.
• DelCOSTELLO v. Local 557
  762 F.2d 1219· 4th Cir.· 1985-06-04 ·cited 4×
  The court held that the six-month statute of limitations, established in DelCostello v. International Brotherhood of Teamsters, applies retroactively to bar the plaintiff's claims.
• Braxton-Secret v. A.H. Robins Co.
  769 F.2d 528· 9th Cir.· 1985-05-14 ·cited 4×
  The court held that the plaintiff's knowledge of her miscarriage and the IUD's failure to prevent pregnancy was sufficient to commence the statute of limitations, and fraudulent concealment did not toll the period.
• Taylor v. Gen. Tel. Co. OF the Sw.
  759 F.2d 437· 5th Cir.· 1985-05-02 ·cited 4×·via Equitable Tolling
  Mailing an age discrimination charge to the EEOC does not constitute 'filing' for the purposes of the 180-day limit, and the plaintiff's facts do not support equitable tolling.
• Cano v. United States Postal Serv.
  755 F.2d 221· 1st Cir.· 1985-03-01 ·cited 4×
  The court held that the plaintiff's failure to file her discrimination charge within the required time period bars relief, as tolling was not justified.
• Annalee NOE v. R.A. Ward
  754 F.2d 890· 10th Cir.· 1985-02-11 ·cited 4×·via Equitable Tolling
  The court held that the 90-day period to file a civil action under Title VII begins when the aggrieved party receives the "Right to Sue" letter, not when their attorney receives it.
• United States v. Mario Diaz, M.D.
  740 F.2d 1491· 11th Cir.· 1984-09-06 ·cited 4×
  The court held that the statute of limitations for recouping Medicare overpayments may be tolled under 28 U.S.C.A. § 2416(c) if material facts were not known or reasonably could not have been known by a responsible official, and the record was insufficient to determine if tolling
• Escribano v. Westinghouse Elec. Co. & Gates McDonald (Servicing Agent)
  453 So. 2d 130· Fla. 1st DCA· 1984-07-12 ·cited 4×
  In this workers' compensation case, the First District Court of Appeal reversed the deputy commissioner's dismissal of Escribano's claim based on the statute of limitations. The court held that medical treatment furnished by the employer on March 12, 1981, tolled the statute of l
• Vuyanich v. Republic Nat'l Bank OF Dallas
  736 F.2d 160· 5th Cir.· 1984-07-12 ·cited 4×
• Kessler v. Bd. OF Regents
  738 F.2d 751· 6th Cir.· 1984-07-11 ·cited 4×
  The court held that the plaintiff's civil rights action was barred by the statute of limitations because her cause of action accrued when the Board of Regents issued its final decision upholding her termination, not when she received subsequent notice or when the Board complied w
• Pavlak v. John R. Church
  727 F.2d 1425· 9th Cir.· 1984-03-12 ·cited 4×
  The two-year statute of limitations provided in 47 U.S.C. § 415(b) applies to all of the plaintiff's claims against the telephone company, including those arising under civil rights statutes. The court remanded for a determination of when the plaintiff discovered or should have d
• Eaton v. Coal Par of W. Va., Inc.
  580 F. Supp. 572· S.D. Fla.· 1984-02-13 ·cited 4×·via Equitable Tolling
  The court held that fraud allegations were sufficiently particularized, the statute of limitations was tolled by fraudulent concealment, and a private right of action could not be implied under Fla. Stat. § 517.03(1).
• Oran L. Turner v. Evans
  721 F.2d 341· 11th Cir.· 1983-12-12 ·cited 4×
  O.C.G.A. § 9-3-90 tolls the statute of limitations for persons who are imprisoned at the time a cause of action arises.
• Gilbert v. United States
  720 F.2d 372· 4th Cir.· 1983-11-01 ·cited 4×
  The court held that the plaintiff's claim was barred by the statute of limitations because he knew of his injury and its cause more than two years before filing suit.
• Harvey v. Rogers T. Martin & Am. Postal Workers Union
  714 F.2d 650· 6th Cir.· 1983-08-12 ·cited 4×
  The court held that the plaintiff's claims were barred by the applicable statutes of limitations because he failed to exercise reasonable diligence in discovering his causes of action.
• Feleicia Malcolm Davis v. Sears
  708 F.2d 862· 1st Cir.· 1983-06-03 ·cited 4×·via Equitable Tolling
  The court held that the district court did not err in dismissing the race discrimination claims as time-barred, as the plaintiff failed to file her complaint within the statutory periods.
• Lins v. The United States
  688 F.2d 784· Ct. Cl.· 1982-09-08 ·cited 4×
  The court held that the plaintiff's claim to recover on a United States Treasury Bill was barred by the six-year statute of limitations because the claim accrued when the bill was presented for redemption, not when payment was ultimately refused.
• Hopkins v. Kelsey-Hayes, Inc.
  677 F.2d 301· 3d Cir.· 1982-04-22 ·cited 4×
  The court held that both cases should be remanded to the district court for further consideration of the Commerce Clause issue.
• Whittle v. Delter Wiseman
  683 F.2d 1128· 8th Cir.· 1982-04-16 ·cited 4×
  The court held that the district court erred by not considering the Arkansas saving statute when dismissing the plaintiff's refiled action.
• State v. Walker Franklin Ivey
  410 So. 2d 636· Fla. 2d DCA· 1982-03-05 ·cited 4×·via Tolling Provisions
  The State of Florida appealed a trial court's order discharging a defendant under the Interstate Agreement on Detainers Compact's speedy trial provisions. The appellate court reversed, holding that the trial court failed to properly apply the tolling provisions that extend the 12
• Kris Kourtis v. E. Airlines & Fla. Comm'n on Human Relations
  409 So. 2d 139· Fla. 4th DCA· 1982-01-27 ·cited 4×
  Kourtis, a 61-year-old employee of Eastern Airlines whose position was eliminated, appealed the Florida Human Relations Commission's dismissal of his age and handicap discrimination complaint as untimely. The court affirmed the dismissal, holding that the 180-day filing deadline
• City OF W. Palm Beach & Nationwide Ins. Co. v. Stevens
  408 So. 2d 698· Fla. 1st DCA· 1982-01-11 ·cited 4×
  The court reviewed an order regarding a workers' compensation claim, specifically addressing the statute of limitations and the claimant's physical impairment rating. The court remanded the case for further findings on the statute of limitations issue, finding the prior ruling la
• Collins v. Pitchess
  641 F.2d 740· 9th Cir.· 1981-04-06 ·cited 4×
  The court held that a prisoner's incarceration alone is not a sufficient ground to dismiss a civil rights complaint or deny the right to proceed in forma pauperis.
• Buxton v. Diversified Res. Corp.
  634 F.2d 1313· 10th Cir.· 1980-11-25 ·cited 4×
  The court held that written audit letters acknowledging a debt, even if routine, can toll the statute of limitations and estop the debtor from asserting it as a defense, provided there is no genuine issue of material fact regarding repayment.
• United States v. Bragg
  493 F. Supp. 470· M.D. Fla.· 1980-06-24 ·cited 4×
  The court held that the statute of limitations bars the government's claim for Medicare overpayments made before April 30, 1970, for services rendered in 1967-1969, but the issue of limitations for 1970 payments remains for trial.
• Canadian ACE Brewing Co. v. Joseph Schlitz Brewing Co.
  629 F.2d 1183· 7th Cir.· 1980-05-21 ·cited 4×
  A dissolved corporation's unasserted claims are extinguished after the statutory two-year survival period and do not pass to former shareholders, and the doctrine of equitable estoppel does not apply to such survival statutes.
• Wright v. State OF Tenn.
  613 F.2d 647· 6th Cir.· 1980-01-24 ·cited 4×·via Equitable Tolling
  The Sixth Circuit held that the 180-day notice requirement under the ADEA is a jurisdictional prerequisite and cannot be tolled, even if the employer failed to post required information.
• Eli Perkins, Jr. v. Hendrickson Mfg. Co. & Local 4336
  610 F.2d 469· 7th Cir.· 1979-11-30 ·cited 4×
  The court held that the plaintiff's § 1981 claim was time-barred because it was filed more than five years after the cause of action accrued, and the Illinois savings statute did not apply.
• Beverage v. Harvey
  602 F.2d 657· 4th Cir.· 1979-07-31 ·cited 4×
  The court held that the statute of limitations was not tolled by the beneficiary's infancy in a wrongful death action and that the defendant's insurer was not estopped from asserting the statute of limitations.
• In re Newport Harbor Assocs.
  589 F.2d 20· 1st Cir.· 1978-12-06 ·cited 4×·via Equitable Tolling
  The court held that the six-month limitation period for revoking a Chapter XI plan confirmation under section 386 of the Bankruptcy Act and Rule 11-41 is absolute and cannot be extended by equitable tolling or Rule 60(b).
• Baptist Mem'l Hosp. v. Beaty
  364 So. 2d 546· Fla. 1st DCA· 1978-11-22 ·cited 4×
  The filing of an answer by one defendant in a medical malpractice mediation claim tolls the statute of limitations for all named defendants, even if others do not answer.
• Everson v. McLOUTH Steel Corp. & Richard Dicks
  586 F.2d 6· 6th Cir.· 1978-11-03 ·cited 4×
  The court held that the plaintiff's failure to file a charge with the EEOC within the statutory time limits, even after exhausting other remedies, barred his claim.
• Billings v. Chicago
  581 F.2d 707· 8th Cir.· 1978-08-03 ·cited 4×
  The statute of limitations for a Federal Employers' Liability Act (FELA) claim is tolled by the pendency of a prior state court action for improper venue, even if the federal action is filed after the state court dismissal order becomes final.
• Hemmerle Indus., Inc. v. Kassuba
  575 F.2d 513· 5th Cir.· 1978-06-19 ·cited 4×
  The court held that a dismissal without prejudice was improper when there was doubt about whether claims would be time-barred after related bankruptcy proceedings concluded.
• Bayless v. Philadelphia Nat'l League Club
  579 F.2d 37· 3d Cir.· 1978-06-05 ·cited 4×
  The statute of limitations for personal injury claims in Pennsylvania begins to run from the time a plaintiff knows or reasonably should know the cause of their injury, not merely when the injury itself is discovered.
• Ingalls Shipbuilding Division v. Hollinhead
  571 F.2d 272· 5th Cir.· 1978-04-13 ·cited 4×
  The filing of a claim under a state workmen's compensation act tolls the one-year statute of limitations under the Longshoremen's and Harbor Workers' Compensation Act. The claim was timely filed.
• Curry v. Commissioner OF Internal Revenue
  571 F.2d 1306· 4th Cir.· 1978-03-14 ·cited 4×·via Equitable Tolling
  The Tax Court correctly held that the mailing date requirement under § 6213 is jurisdictional and the postmark date under § 7502 does not alter this.
• Lashlee v. Sumner
  570 F.2d 107· 6th Cir.· 1978-02-08 ·cited 4×
  The court held that summary judgment was improperly granted because a genuine issue of material fact existed regarding the plaintiff's claim of fraudulent concealment, which could toll the statute of limitations.
• Burns v. Union Pac. R.R.
  564 F.2d 20· 8th Cir.· 1977-10-19 ·cited 4×
  The court held that the plaintiff's claim under 42 U.S.C. § 1981 was barred by the statute of limitations, even if the filing date was considered earlier.
• Am. Ass'n OF Meat Processors v. Costle
  556 F.2d 875· 8th Cir.· 1977-06-07 ·cited 4×·via Equitable Tolling
  The court held that the petition for review was untimely filed and dismissed it.
• Life Scis., Inc. v. Emery AIR Freight Corp.
  341 So. 2d 272· Fla. 2d DCA· 1977-01-07 ·cited 4×
  A tariff filed by an air freight forwarder with the CAB, containing a one-year limitation for bringing suit on property damage claims, is valid and enforceable under federal law.
• Misty Mgmt. Corp. v. Lockwood
  539 F.2d 1205· 9th Cir.· 1976-06-23 ·cited 4×
  The court held that First American's unsecured claim against the bankrupt estate cannot exceed the claim of Tri-Aviation, given First American's actual fraudulent intent.
• State of Fla. ex rel. Fla. Petroleum Marketers Ass'n, Inc. v. The Honorable Charles D. McCLURE
  330 So. 2d 239· Fla. 1st DCA· 1976-04-15 ·cited 4×
  The Florida District Court of Appeal affirmed a circuit court decision denying a writ of prohibition against the county court's prosecution of the Florida Petroleum Marketers Association for attempted bribery. The court held that a restorative information filed within three month
• Sherrill v. Fuchs Baking Co.
  327 So. 2d 222· Fla.· 1976-02-11 ·cited 4×
  The Florida Supreme Court upheld the Industrial Relations Commission's decision that a worker's compensation claim was barred by the statute of limitations. The petitioner sought benefits for complications from a 1967 hernia injury but did not file his claim until 1972, over four
• Sharlene Hall and Ray Hall v. Musgrave
  517 F.2d 1163· 6th Cir.· 1975-06-02 ·cited 4×
  The court held that the plaintiff's medical malpractice action was barred by Kentucky's one-year statute of limitations because she discovered the injury and the need for surgical repair by May 5, 1969, well over a year before filing suit.
• Myrene M. Shrewsbury and Alvin H. Shrewsbury v. Smith
  511 F.2d 1058· 6th Cir.· 1975-03-11 ·cited 4×
  The court held that the plaintiff's malpractice claim is barred by Ohio's one-year statute of limitations because fraudulent concealment does not toll the statute for negligence actions.
• George Feldman in Bankr. of Leasing Consultants Inc. v. Nat'l Bank OF N. Am.
  511 F.2d 465· 2d Cir.· 1975-01-28 ·cited 4×
  The court held that the trustee's claims were barred by the statute of limitations and that the bank's properly perfected chattel mortgage entitled it to collect rental payments and sale proceeds.