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Cases cited for the legal proposition you have searched for.

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1

...under the doctrines of equitable tolling and equitable estoppel. Vance v. Whirlpool Corp., 716 F.2d 1010, 1011-12 (4th Cir. 1983...tolling interchangeably — we will review them briefly before applying them to the case before us. The doctrines of equitable tolling and equitable estoppel have a common origin; they...limitations. Equitable tolling applies where the defendant has wrongfully deceived or misled the plaintiff in order to conceal the existence of a cause of action...


Court: United States Court of Appeals, Fourth Circuit.
Date: Sep 15, 1987 Cited By: 238 Coram: 1
2

... doctrines of equitable tolling and equitable estoppel should be applied to excuse her late filings. The district court found that Johnson's administrative filings were..., 71 L.Ed.2d 234 (1982), the equitable doctrines of waiver, equitable estoppel, and equitable tolling apply to the administrative exhaustion...) (citation omitted); Leorna, 105 F.3d at 550 (applying de novo standard of review to equitable tolling claim); Scholar, 963 F.2d at 266 (same). III. DISCUSSION A. The Doctrines of Equitable...


Court: United States Court of Appeals, Ninth Circuit.
Date: Dec 26, 2002 Cited By: 204 Coram: 1
3

...Abbas's earliest section 1983 claim expired. Under New York law, the doctrines of equitable tolling or equitable estoppel "may be invoked to defeat a statute of...meritorious tolling arguments. We thus conclude that the District Court should not have dismissed Abbas's complaint on the basis of an anticipated statute-of-limitations defense without granting Abbas...? Notwithstanding the sua sponte dismissal of his complaint against most of the defendants, Abbas received notice and an opportunity to be heard on his tolling arguments in the district court. Abbas's...


Court: United States Court of Appeals, Second Circuit.
Date: Feb 28, 2007 Cited By: 3106 Coram: 5
4

...: (1) when the credit contract is executed; (2) when the disclosures are actually made (a "continuing violation" theory); (3) when the contract is executed, subject to the doctrines of equitable tolling and...equitable tolling and fraudulent concealment). There are thus at least three ways to interpret Section 1640(e) so as to implement the purposes underlying TILA. Proponents of the...consummates his loan and passes a year without knowing of his lender's fraud or nondisclosures. We agree with the Sixth Circuit that equitable tolling might be appropriate in...


Court: United States Court of Appeals, Ninth Circuit.
Date: Mar 7, 1986 Cited By: 990 Coram: 1
5

...statutes of limitations, the doctrines of equitable tolling and estoppel apply. Irwin v. Department of Veterans Affairs, 498 U.S. 89, 95 (1990..., 49 F.3d at 338. Her reliance on Weick is misplaced. The plaintiff in that case had argued before both the district and appellate courts that equitable tolling applied to her Title... United States Court of Appeals, Seventh Circuit. ARGUED JUNE 12, 1996 DECIDED JULY 18, 1996...


Court: United States Court of Appeals, Seventh Circuit.
Date: Jul 18, 1996 Cited By: 134 Coram: 1
6

...doctrines of equitable tolling and equitable estoppel. Mr. Smith also..., 1985. B. Equitable Tolling and Equitable Estoppel Alternatively, Mr. Smith contends that, because the defendants actively concealed their identities, the doctrines of equitable...adopted by federal law). . . . R. 27 at 3-4. Defendants went on to analyze Suslick in light of the facts of this case and "the doctrine of equitable tolling." R. 27 at 5. On this record, we cannot hold that these issues were waived. Although the district court and the parties focused on Illinois' fraudulent concealment statute rather than the equitable doctrines, those...


Court: United States Court of Appeals, Seventh Circuit.
Date: Jan 13, 1992 Cited By: 175 Coram: 1
7

...court; rather, it is like a statute of limitations and is thus subject to the doctrines of "waiver, estoppel, and equitable tolling." 455 U.S. at...public employer, the timely filing of a lawsuit is not a jurisdictional requirement but (again) is a precondition, like a statute of limitations, that is subject to equitable tolling. In 1994 and 1996, this court applied the same rationale as in Rennie and held that the intermediate and initial time limits for filing administrative complaints, respectively, are not jurisdictional requirements but are preconditions subject to the doctrines of equitable...jurisdictional, but rather is like a statute of limitations, in that it is subject to waiver, estoppel and equitable tolling." Pack involved Title VII while Charlie F. concerned...


Court: United States Court of Appeals, Seventh Circuit.
Date: Jan 24, 2000 Cited By: 183 Coram: 1
8

...-46 (9th Cir. 2001). He did not file this action until 2009. Wolfe argues that his petition should be considered timely under the doctrines of equitable estoppel and equitable tolling because the state...the entire period because prison employees told him at least three times that the deadline for filing his petition had expired, without mentioning the doctrines of equitable tolling or estoppel.... Florida, 130 S. Ct. 2549, 2562 (2010), the Supreme Court held that equitable tolling is available in AEDPA cases. -------- Even assuming that withholding...


Court: UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Date: Mar 14, 2012 Cited By: 1
9

...have a defense to the statute of limitations, by virtue of the doctrines of equitable tolling and equitable estoppel respectively. E.g., Mitchell...doctrine of equitable tolling exists in Illinois, and it is that doctrine, not the federal, that applies to cases such as this in which the statute of limitations is not specified in...form of equitable relief and thus a cousin to an injunction. See, e.g., Great-West Life Annuity Ins. Co. v. Knudson, 534 U.S. 204...


Court: United States Court of Appeals, Seventh Circuit.
Date: Sep 26, 2002 Cited By: 217 Coram: 1
10

...any danger that our application of the statute of limitations in this case risks undermining the protections of the civil rights statutes. The doctrines of equitable tolling and equitable estoppel.... See Ramirez v. City of San Antonio, 312 F.3d 178, 183 (5th Cir. 2002) ("We have found that equitable tolling may be appropriate when `the plaintiff is actively misled by the...record suggesting that they are entitled to any type of equitable tolling. Finally, we would observe that our decision would...


Court: United States Court of Appeals, Fifth Circuit.
Date: Aug 18, 2003 Cited By: 549 Coram: 1
11

...). The district court properly determined that Green could not invoke the doctrines of equitable tolling and equitable estoppel because he did not diligently pursue his claims or show...of Appeals, Ninth Circuit. Submitted September 8, 2008...-Appellee. Appeal from the United States District Court for the Western District of Washington, John C. Coughenour, District Judge, Presiding. D.C...


Court: United States Court of Appeals, Ninth Circuit.
Date: Sep 24, 2008 Cited By: 1 Coram: 2
12

...law claims had also run. Id. Finally, the court determined that neither the diligence-discovery rule nor the doctrines of equitable tolling and equitable estoppel saved plaintiffs' untimely...., 723 F.3d 144, 150 (2d Cir.2013) (internal quotation marks omitted). To qualify for equitable tolling, a plaintiff must show “(1) that he has been pursuing his rights diligently, and (2) that some extraordinary circumstance stood in [the] way” of his bringing a lawsuit. A.Q.C., 656 F.3d at 144 (internal quotation marks omitted). We assume without deciding that the doctrines of...statute of limitations that plaintiffs agree applies to their claims. The distinction between equitable tolling and the diligence-discovery rule has not always been...


Court: United States Court of Appeals, Second Circuit.
Date: Dec 8, 2014 Cited By: 226 Coram: 1
13

...calendaring the date by which Dr. Aleong's petition should have been filed. Dr. Aleong argues in his appeal that the doctrines of equitable tolling and excusable neglect apply and operate to relieve him of...administrative hearing operated as a waiver of his right to such a hearing, and to the extent that it rejected Dr. Aleong's claim that the doctrines of equitable tolling and excusable neglect relieved him...provision does not eliminate the availability of equitable tolling as a defense. (emphasis added). It is undisputed that Dr. Aleong failed to file a petition for hearing...


Court: District Court of Appeal of Florida, Fourth District.
Date: Sep 28, 2007 Cited By: 8 Coram: 1
14

...occurrence of the violation. . . . C. Egerers' RESPA Claims 1. Plaintiffs are not Entitled to Equitable Tolling of RESPA Statute of Limitations The plaintiffs, Stephen and Stephanie Egerer, concede that their RESPA claims are outside of the one-year statute of limitations. However, they argue that RESPA's statute of limitations is subject to the doctrines of...equitable tolling and estoppel, and that they have both alleged and provided evidence sufficient to support the application of these doctrines and...district court erred by not considering the doctrine of equitable estoppel with respect to the RESPA statute of limitations. Plaintiffs contend that had the district court construed the facts in the light most favorable to plaintiffs, those facts would have supported both the doctrines of equitable estoppel and equitable tolling. Unlike...


Court: United States Court of Appeals, Sixth Circuit.
Date: Feb 12, 2009 Cited By: 158 Coram: 3
15

...); Coppinger-Martin v. Solis, 627 F.3d 745, 750-51 (9th Cir. 2010) (setting forth doctrines of equitable tolling and equitable estoppel). The ARB.... On Petition for Review of an Order of the Department of Labor ARB Case No. 2019-068 Before: WALLACE, CLIFTON, and HURWITZ, Circuit Judges. MEMORANDUM...without oral argument. See Fed. R. App. P. 34(a)(2). Aziz Aityahia petitions pro se for review of the Department of...


Court: United States Court of Appeals, Ninth Circuit
Date: Dec 17, 2021 Cited By: 3
16

...discrimination claims as time-barred. O'Donnell asserts that the district court should have applied the doctrines of equitable tolling, equitable estoppel, or laches...equitable tolling. See id. We review for an abuse of discretion the district court's decision whether to apply equitable estoppel. See id. at 1176. We review de novo whether laches is...(2) equitable tolling applies, making the second complaint timely under the EPA statute of limitations. A later pleading "relates back" to the original pleading if the claims in...


Court: United States Court of Appeals, Ninth Circuit.
Date: Oct 10, 2006 Cited By: 105 Coram: 2
17

...discovery rule with the doctrines of equitable tolling and estoppel. A plaintiff's action accrues when he discovers that he has been injured, not when he determines that the injury was unlawful...9. Thelen, therefore, must attempt to rely on the equitable doctrines of tolling and estoppel to make his claim timely. We first examine whether Thelen can halt the running of...); Cada, 920 F.2d at 451. Equitable tolling does not postpone the running of the statute of limitations until the plaintiff is " certain his rights had been violated...


Court: United States Court of Appeals, Seventh Circuit.
Date: Aug 21, 1995 Cited By: 168 Coram: 1
18

...hostile environment claims. The district court also ruled, without discussion, that the doctrines of equitable tolling, estoppel, and waiver did not excuse Briones's untimely initial contact with an...requirement for filing is analogous to a statute of limitations and is, therefore, considered subject to waiver, estoppel, and equitable tolling. Van Zant v. KLM Royal Dutch Airlines...); 29 C.F.R. Section(s) 1614.105(a)(1) (new rule). None of the traditional grounds for equitable tolling provide relief to Briones...


Court: United States Court of Appeals, Second Circuit.
Date: Dec 2, 1996 Cited By: 202 Coram: 1
19

...on her failure to obtain the promotion was also time-barred). Title VII's filing requirement is subject to the doctrines of equitable tolling and... Gul RONEY, Plaintiff-Appellant, v. ILLINOIS DEPARTMENT OF TRANSPORTATION, Defendant-Appellee. No. 05-3382. United...States Court of Appeals, Seventh Circuit. Argued November 3, 2006. Decided January 18, 2007. Appeal from...


Court: United States Court of Appeals, Seventh Circuit.
Date: Jan 18, 2007 Cited By: 200 Coram: 1
20

...among various discovery rules and doctrines of "equitable tolling" and "equitable estoppel"). And the facts of this case do not force focused argument as to how the traditional Clayton Act "injury..." accrual rule, principles of equitable tolling, and doctrines of equitable estoppel should interact in circumstances where the application of one, or another, of these different limitations doctrines would...., Grimmett, 75 F.3d, at 514, while other courts have said it is a form of "equitable estoppel," see, e.g., Wolin v. Smith Barney Inc...


Court: U.S. Supreme Court
Date: Jun 19, 1997 Cited By: 572 Coram: 3

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