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Limitation Periods Equitable Tolling

Miller Canfield

Why Shouldn’t Equitable Tolling Apply to the Federal Tax Refund Look-Back Period?

Miller Canfield on

In Libitzky v. United States, the United States Court of Appeals for the Ninth Circuit affirmed disallowance of a $700,000 federal income tax refund claim. The court said that this was an “unfortunate” case, but they were...more

McGuireWoods LLP

Eleventh Circuit Concludes that Foreign Country’s Equitable Tolling Standards Can Apply in Federal Class Action

McGuireWoods LLP on

In a recent case addressing the novel issue of whether foreign law trumped United States law for purposes of class action tolling, the U.S. Court of Appeals for the Eleventh Circuit concluded that Colombian law on equitable...more

Hinshaw & Culbertson - The LHD/ERISA Advisor

California Federal Court Rules in Favor of Equitable Tolling of Benefit Plan Limitations Period

This alert was featured in the March 2021 edition of The LHD/ERISA Advisor In Poisson v. Aetna Life Ins. Co., 2020 U.S. Dist. LEXIS 177216 (C.D. Cal. Sep. 21, 2020), a California district court held that the contractual...more

Jones Day

Supreme Court Ruling in Statute-of-Limitations Case has Wide-Ranging Implications

Jones Day on

The Situation: The Fair Debt Collection Practices Act ("FDCPA") allows plaintiffs to sue over abusive debt-collection practices within one year of "the date on which the violation occurs." 15 U.S.C. § 1692k(d). The U.S. Court...more

Hudson Cook, LLP

After Oral Argument, High Court Seems Poised to Preserve FDCPA Status Quo

Hudson Cook, LLP on

In Rotkiske v. Klemm, the Supreme Court has the opportunity to do what many plaintiffs’ attorneys have dreamed of for years:  effectively expand the FDCPA’s one-year statute of limitations by applying the “discovery rule” to...more

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