Thursday, August 04, 2011

Ninth Circuit -- USA V. ROGELIO ESPINOZA-BAZA

USA V. ROGELIO ESPINOZA-BAZA

 S1981 Retaliation claim governed by 4 year federal SOL, not state.

IIED governed by state SOL.

No equitable estoppel on EEOC SOL where other party doesn't introduce a piece of evidence that is also in the plaintiff's possession.

No equitable tolling while pursuing an appeal in another circuit, where the present claim could be filed during pendency.

No equitable tolling from mental incompetence where plaintiff is actively involved in litigation in other circuits.

No error in dismissal of abuse of process & fraudulent concealment.
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.