David L. Grant v. McDonnell Douglas Corp., 163 F.3d 1136 (9th Cir. 1998). · Go Syfert
David L. Grant v. McDonnell Douglas Corp., 163 F.3d 1136 (9th Cir. 1998). Cases Citing This Book View Copy Cite
47 citation events (44 in the last 25 years) across 17 distinct courts.
Strongest positive: Tuomela v. Waldorf=Astoria Management LLC (hid, 2021-05-12)
Treatment trajectory · 2000 → 2026 · click a year to view as-of
2000 2013 2026
Top citers, strongest first. 37 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Tuomela v. Waldorf=Astoria Management LLC
D. Haw. · 2021 · signal: see also · quote attribution · 1 verbatim quote · confidence high
the limitations period begins to run when a plaintiff receives a letter from the union notifying her that it will pursue her claim no further.
discussed Cited as authority (rule) Monta Markies Brown v. United States of America
E.D. Va. · 2025 · confidence medium
Further, “[a]s a general matter, the federal courts will apply equitable tolling because of a petitioner’s mental condition only in cases of profound mental incapacity,” id. at 513 (citing Grant v. McDonnell Douglas Corp., 163 F.3d 1136, 1138 (9th Cir. 1998)), such as “institutionalization or adjudged mental incompetence of the litigant.” Grant, 163 F.3d at 1138 .
discussed Cited as authority (rule) Cox v. Clarke
E.D. Va. · 2024 · confidence medium
And crucially here, “[a]s a general matter, the federal courts will apply equitable tolling because of a petitioner’s mental condition only in cases of profound mental incapacity,” id. at 513 (citing Grant v. McDonnell Douglas Corp., 163 F.3d 1136, 1138 (9th Cir. 1998)), such as “institutionalization or adjudged mental incompetence of the litigant.” Grant, 163 F.3d at 1138 .
discussed Cited as authority (rule) Egan v. Clarke
E.D. Va. · 2023 · confidence medium
Further, “[aJs a general matter, the federal courts will apply equitable tolling because of a petitioner’s mental condition only in cases of profound mental incapacity.” Jd. at 513 (citing Grant v. McDonnell Douglas Corp., 163 F.3d 1136, 1138 (9th Cir. 1998)).
discussed Cited as authority (rule) Prosha v. Lewis
E.D. Va. · 2023 · confidence medium
“As a general manner, the federal courts will apply equitable tolling because of a [plaintiff]’s mental condition only in cases of profound mental incapacity.” United States v. Sosa, 364 F.3d 507, 513 (4th Cir. 2004) (citing Grant v. McDonnell Douglas Corp., 163 F.3d 1136, 1138 (9th Cir. 1998)).8 “[C]onclusory and generally unsupported allegations of mental illness are insufficient to justify equitable tolling . . . .” Nesbit-Harris v. Jackson, No. 3:07CV696, 2008 WL 2329173 , at *4 (E.D.
discussed Cited as authority (rule) Ingle v. Matteucci
Or. · 2023 · confidence medium
See United States v. Sosa, 364 F3d 507, 513 (4th Cir 2004) (holding that schizoaffective disorder does not constitute ‘profound mental incapacity’ needed to satisfy one element of equi- table tolling for federal habeas claim); Grant v. McDonnell Douglas Corp., 163 F3d 1136, 1138 (9th Cir 1998) (hold- ing that equitable tolling based on mental condition may be appropriate ‘only in exceptional circumstances, such as institutionalization or adjudged mental incompetence’).” Perez-Rodriguez, 364 Or at 500 (emphasis added).
discussed Cited as authority (rule) Chandler v. Clarke
E.D. Va. · 2023 · confidence medium
Further, “[a]s a general matter, the federal courts will apply equitable tolling because of a petitioner’s mental condition only in cases of profound mental incapacity.” /d. at 513 (citing Grant v. McDonnell Douglas Corp., 163 F.3d 1136, 1138 (9th Cir. 1998)).
discussed Cited as authority (rule) BRAUN v. STATE OF NORTH CAROLINA
M.D.N.C. · 2022 · confidence medium
Notably, in so holding, the Fourth Circuit cited a Ninth Circuit decision that limited “equitable tolling based on mental condition” to “exceptional circumstances, such as institutionalization or adjudged mental incompetence.” Id. (citing Grant v. McDonnell Douglas Corp., 163 F.3d 1136, 1138 (9th Cir. 1998)).
discussed Cited as authority (rule) Eller v. Prince George's County Public Schools
D. Maryland · 2022 · confidence medium
However, as the United States Court of Appeals for the Fourth Circuit noted in denying an equitable tolling argument based on a party’s “schizoaffective disorder and generalized anxiety disorder,” federal courts apply equitable tolling because of a party’s mental condition only in cases of profound mental incapacity, United States v. Sosa, 364 F.3d 507, 513 (4th Cir. 2004) (quoting Grant v. McDonnell Douglas Corp., 163 F.3d 1136, 1138 (9th Cir.1998)).
discussed Cited as authority (rule) Karabani v. Saul
D. Maryland · 2021 · confidence medium
Courts “will apply equitable tolling because of a petitioner’s mental condition only in cases of profound mental incapacity.” United States v. Sosa, 364 F.3d 507, 513 (4th Cir. 2004) (finding equitable tolling based on mental condition to be appropriate “only in exceptional circumstances, such as institutionalization or adjudged mental incompetence” and denying plaintiff, who experienced schizoaffective and generalized anxiety disorders, equitable relief) (citing Grant v. McDonnell Douglas Corp., 163 F.3d 1136, 1138 (9th Cir. 1998); see, e.g., Ott v. Md.
discussed Cited as authority (rule) Ingle v. Matteucci
Or. Ct. App. · 2021 · signal: cf. · confidence medium
Cf. Perez-Rodriguez, 364 Or at 500 (citing Grant v. McDonnell Douglas Corp., 163 F3d 1136, 1138 (9th Cir 1998) (holding that equitable tolling based on mental condition may be appropriate “in exceptional cir- cumstances, such as institutionalization or adjudged mental incompetence”)).
discussed Cited as authority (rule) Watson v. Warden
W.D. Va. · 2020 · confidence medium
In so reasoning, Sosa cited to a Ninth Circuit case that referenced circumstances such as “‘institutionalization or adjudged mental incompetence.” /d (citing Grant v. McDonnell Douglas Corp., 163 F.3d 1136, 1138 (9th Cir. 1998)).
discussed Cited as authority (rule) MALDONANDO v. HOOKS
M.D.N.C. · 2020 · confidence medium
Notably, in so holding, the Fourth Circuit cited a Ninth Circuit decision that limited “equitable tolling based on mental condition” to “exceptional circumstances, such as institutionalization or adjudged mental incompetence.” Id. (citing Grant v. McDonnell Douglas Corp., 163 F.3d 1136, 1138 (9th Cir. 1998)).
discussed Cited as authority (rule) Walker v. Wilkie
W.D.N.C. · 2020 · confidence medium
In U.S. v. Sosa, a Fourth Circuit case discussing equitable tolling due to mental incapacity, the court accepted the possibility of equitable tolling due to a mental incapacity, but only in cases of “profound mental incapacity.” 364 F.3d 507, 514 (4th Cir. 2004) (citing Grant v. McDonnel Douglas Corp., 163 F.3d 1136, 1138 (9th Cir. 1998) (the Court declines equitable tolling due to appellant’s schizoaffective disorder and generalized anxiety disorder because equitable tolling is reserved for “exceptional circumstances, such as institutionalization or adjudged mental incompetence”)).
discussed Cited as authority (rule) (PS) Jones v. SEIU
E.D. Cal. · 2019 · confidence medium
Statute of Limitations 2 A claim pursuant to § 301 “is governed by a six-month statute of limitations.” Grant v. 3 McDonnell Douglas Corp., 163 F.3d 1136, 1138 (9th Cir. 1998) (citing DelCostello v. 4 International Broth. of Teamsters, 462 U.S. 151, 169 (1983)).
discussed Cited as authority (rule) Thacker v. Manins
W.D. Va. · 2019 · confidence medium
In so reasoning, Sosa cited to a Ninth Circuit case that referenced circumstances such as “institutionalization or adjudged mental incompetence.” Id. (citing Grant v. McDonnell Douglas Corp., 163 F.3d 1136, 1138 (9th Cir. 1998)).
discussed Cited as authority (rule) Diamond v. Clarke
W.D. Va. · 2019 · confidence medium
In so reasoning, Sosa cited to a Ninth Circuit case that referenced circumstances such as “institutionalization or adjudged mental incompetence.” Id. (citing Grant v. McDonnell Douglas Corp., 163 F.3d 1136, 1138 (9th Cir. 1998)).
discussed Cited as authority (rule) Kirchhof v. Hawaii Ass'n of Union Agents
D. Haw. · 2016 · confidence medium
“The limitations period begins to run when a Plaintiff receives a letter from the Union notifying her that it will, pur sue her claim no further.” Grant v. McDonnell Douglas Corp., 163 F.3d 1136, 1138 (9th Cir.1998).
cited Cited as authority (rule) Karen Krushwitz v. University of California
9th Cir. · 2015 · confidence medium
Grant v. McDonnell Douglas Corp., 163 F.3d 1136, 1138 (9th Cir.1998); see also Johnson v. Lucent Techs.
cited Cited as authority (rule) O'Bryant v. State Of Oklahoma
10th Cir. · 2014 · confidence medium
See, e.g., United States v. Sosa, 364 F.3d 507, 513 (4th Cir.2004); Grant v. McDonnell Douglas Corp., 163 F.3d 1136, 1138 (9th Cir.1998).
discussed Cited as authority (rule) DiPaulo v. Potter
M.D.N.C. · 2010 · confidence medium
Sosa, 364 F.3d at 513 (citing Grant v. McDonnell Douglas Corp., 163 F.3d 1136, 1138 (9th Cir.1998) (finding equitable tolling based on mental condition to be appropriate “only in exceptional circumstances, such as institutionalization or adjudicated mental incompetence”)). 6 A plaintiff carries a heavy burden and must demonstrate that her mental condition prevented her from filing her claim because of a condition that existed during the majority of the relevant period.
discussed Cited as authority (rule) Carroll v. National Postal Mail Handlers Union
8th Cir. · 2006 · confidence medium
See Henderson v. Ford Motor Co., 403 F.3d 1026, 1033 (8th Cir.2005) (equitable tolling applies when plaintiff “despite all due diligence, is unable to obtain vital information bearing on the existence of his claim”; equitable estoppel tolls limitations period when employee knows of claim, but employer affirmatively and actively takes action that causes employee not to timely file suit); see also Bring v. McDonnell Douglas Corp., 58 F.3d 1323 , 1329 (8th Cir.1995) (equitable estoppel may be invoked where plaintiff is lulled or tricked into letting filing deadline pass because of employer mi…
cited Cited as authority (rule) Kofoed v. Rosendin Electric, Inc.
D. Or. · 2001 · confidence medium
Grant v. McDonnell Douglas Corp., 163 F.3d 1136, 1138 (9th Cir.1998).
discussed Cited as authority (rule) Elizabeth J. Arnold Lake Justin Wilson Lake, Husband and Wife v. Frederick S. Arnold Audrey L. Arnold, Husband and Wife Daniel M. Friday M.D. Tyrone Hospital Ralph W. Crawford M.D
3rd Cir. · 2000 · confidence medium
See Heck v. Humphrey, 997 F.2d 355, 358 (7th Cir. 1993) (recognizing equitable tolling applicable to S 1983 actions where state limitations provision conflicts with federal policy); Boos v. Runyon, 201 F.3d 178 , 184 (2d Cir. 1999) (recognizing that tolling for a person's mental disability is "highly case-specific" but declining to apply in instant case); Grant v. McDonnell Douglas Corp., 163 F.3d 1136, 1138 (9th Cir. 1998) (permitting federal equitable tolling of a state limitations period for federal claims in exceptional circumstances but finding none present); Nunnally v. MacCausland, 996 …
discussed Cited as authority (rule) Lake v. Arnold (2×)
3rd Cir. · 2000 · confidence medium
See Heck v. Humphr ey, 997 F.2d 355, 358 (7th Cir. 1993) (recognizing equitable tolling applicable to S 1983 actions where state limitations provision conflicts with federal policy); Boos v. Runyon, 201 F.3d 178 , 184 (2d Cir. 1999) (r ecognizing that tolling for a person's mental disability is "highly case-specific" but declining to apply in instant case); Grant v. McDonnell Douglas Corp., 163 F.3d 1136, 1138 (9th Cir. 1998) (permitting federal equitable tolling of a state limitations period for federal claims in exceptional cir cumstances but finding none present); Nunnally v. MacCausland, 9…
cited Cited "see" Berman Justus, Jr. v. Harold Clarke
4th Cir. · 2023 · signal: see · confidence high
See 163 F.3d at 1138 . 26 USCA4 Appeal: 20-6351 Doc: 77 Filed: 08/15/2023 Pg: 27 of 42 petition within the AEDPA’s one-year limitations period.”).
discussed Cited "see" Chen v. Salt River Project
D. Ariz. · 2021 · signal: see · confidence high
See Grant v. McDonnell 5 Douglas Corp., 163 F.3d 1136, 1138 (9th Cir. 1998) (“We recognize that some courts have 6 allowed equitable tolling of the limitations period for other federal claims, but only in 7 exceptional circumstances, such as institutionalization or adjudged mental incompetence 8 of the litigant.” (emphasis added)); Biester v. Midwest Health Servs., Inc., 77 F.3d 1264 , 9 1268 (10th Cir. 1996) (“The few courts which have recognized an exception for mental 10 incapacity have limited the application of this equitable doctrine to exceptional 11 circumstances.”); Lopez v. C…
discussed Cited "see" Capone v. Columbia, City of
D.S.C. · 2020 · signal: see · confidence high
See United States v. Sosa, 364 F.3d 507, 513 (4th Cir. 2004) (“As a general matter, the federal courts will apply equitable tolling because of a petitioner's mental condition only in cases of profound mental incapacity.”) (citing Grant v. McDonnell Douglas Corp., 163 F.3d 1136, 1138 (9th Cir. 1998) (finding equitable tolling based on mental condition to be appropriate “only in exceptional circumstances, such as institutionalization or adjudged mental incompetence”).
discussed Cited "see" Elitharp-Martin v. Pulaski County School Board
W.D. Va. · 2014 · signal: see · confidence high
United States v. Sosa, 364 F.3d 507, 513 (4th Cir.2004); see Grant v. McDonnell Douglas Corp., 163 F.3d 1136, 1138 (9th Cir.1998) (stating that equitable tolling based on mental condition is reservéd for “exceptional circumstances, such as institutionalization or adjudged mental incompetence”).
cited Cited "see" Linda Lyons v. John Potter
8th Cir. · 2008 · signal: see · confidence high
See Grant v. McDonnell Douglas Corp., 163 F.3d 1136, 1138 (9th Cir. 1998); Biester v. Midwest Health Servs., Inc., 77 F.3d 1264 , 1267-68 (10th Cir. 1996).
cited Cited "see" Lyons v. Potter
8th Cir. · 2008 · signal: see · confidence high
See Grant v. McDonnell Douglas Corp., 163 F.3d 1136, 1138 (9th Cir.1998); Biester v. Midwest Health Servs., Inc., 77 F.3d 1264 , 1267-68 (10th Cir.1996).
cited Cited "see" Gheith v. Harvey
9th Cir. · 2007 · signal: see · confidence high
See Grant v. McDonnell Douglas Corp., 163 F.3d 1136, 1138 (9th Cir.1998).
cited Cited "see" Martin v. United Auto Workers Union, Local 6645
9th Cir. · 2005 · signal: see · confidence high
See Grant v. McDonnell Douglas Corp., 163 F.3d 1136, 1138 (9th Cir.1998).
cited Cited "see" Placides v. Rumsfeld
9th Cir. · 2003 · signal: see · confidence high
See Grant v. McDonnell Douglas Corp., 163 F.3d 1136, 1138 (9th Cir.1998) (holding letter from psychologist inadequate basis for equitable tolling).
cited Cited "see" Hall v. Raytheon Missile Systems Co.
9th Cir. · 2002 · signal: see · confidence high
See Grant v. McDonnell Douglas Corp., 163 F.3d 1136, 1138 (9th Cir.1998).
discussed Cited "see, e.g." Turner v. Hooks
W.D.N.C. · 2021 · signal: see also · confidence medium
See also Grant v. McDonnel Douglas Corp., 163 F.3d 1136, 1138 (9th Cir. 1998)(equitable tolling appropriate “only in exceptional circumstances such as institutionalization or adjudged mental incompetence of the litigant”).
discussed Cited "see, e.g." United States v. Francisco Moreno Sosa, A/K/A Franco Hernandez
4th Cir. · 2004 · signal: see, e.g. · confidence medium
See, e.g., Grant v. McDonnell Douglas Corp., 163 F.3d 1136, 1138 (9th Cir.1998) (finding equitable tolling based on mental condition to be appropriate “only in exceptional circumstances, such as institutionalization or adjudged mental incompetence”).
Retrieving the full opinion text from the archive…
David L. GRANT, Plaintiff-Appellant,
v.
McDONNELL DOUGLAS CORPORATION, Defendant-Appellee
Michael P. Calof, Woodland Hills, California, for the plaintiff-appellant., Bryan H. Baumeister, Seal Beach, California, for the defendant-appellee.
Goodwin, Boochever, Tashima.
Cited by 40 opinions  |  Published
GOODWIN, Circuit Judge:

David Grant appeals the summary judgment granted to Defendant McDonnell Douglas Corporation on the ground that his wrongful termination claim was time-baired. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Grant was employed by McDonnell Douglas from 1979 to 1995. During the latter part of his employment, Grant suffered from chronic attendance problems, and his employment was terminated in 1992 for being absent without official leave. After this termination, Grant’s union successfully negotiated his reinstatement, without back pay. However, Grant’s attendance problems persisted after his return to work, and he subsequently received several written warnings related to unexcused absences. Grant was again terminated in November, 1995, for excessive absenteeism.

Grant sued McDonnell Douglas in Orange County Superior Court, alleging wrongful termination, breach of contract, and breach of the implied covenant of good faith and fair dealing. Because this action directly concerned the collective bargaining agreement applicable to his terms of employment, McDonnell Douglas removed the case to federal district court under Section 301 of the Labor Management Relations Act (29 U.S.C. § 185). See Caterpillar, Inc. v. Williams, 482 U.S. 386, 394, 107 S.Ct. 2425, 96 L.Ed.2d 318 (1987); Beals v. Kiewit Pacific Co., 114 F.3d 892, 894 (9th Cir.1997), cert. denied, — U.S.-, 118 S.Ct. 1036, 140 L.Ed.2d 102 (1998).

After removal, and early in the pleading stage, before substantial discovery could be accomplished, the district court ordered McDonnell Douglas to file its motion for summary judgment and for Grant to file his response, if any. McDonnell Douglas moved for summary judgment on several grounds, relying first upon the expiration of the statute of limitations applicable to a Section 301 claim. In response, Grant argued that the limitations period should be tolled because of his alleged mental incapacity. Grant did not, however, file a motion for additional time to conduct further discovery.

The district court granted McDonnell Douglas’ summary judgment motion, citing two alternative grounds. First, the court found that Grant’s case was time-barred by the six-month statute of limitations applicable to Section 301 claims. Unless equitable tolling is allowed to overcome the time bar, a[*1138] matter that has not yet been decided by this court, Grant’s claim clearly was time-barred.

The trial court then stated that even assuming that this circuit recognized an equitable tolling exception for mental incapacity, Grant had offered insufficient evidence of any recognizable mental disability that would justify failure to file within the statutory time, and therefore had not raised an issue of material fact.

Alternatively, the court held that Grant had failed to offer any evidence with respect to an essential element of his Section 301 claim, and therefore summary judgment was also appropriate on the merits. Because we must affirm the district court on its ruling on statute of limitations, we do not reach, and will not comment on the merits of Grant’s complaint.

A Section 301 claim is governed by a six-month statute of limitations. DelCostello v. International Broth. of Teamsters, 462 U.S. 151, 169, 103 S.Ct. 2281, 76 L.Ed.2d 476 (1983); Allen v. United Food and Commercial Workers Int’l Union, 43 F.3d 424, 426 (9th Cir.1994). The limitations period begins to run when a Plaintiff receives a letter from the Union notifying her that it will pursue her claim no further. Stallcop v. Kaiser Found. Hosp., 820 F.2d 1044, 1049 (9th Cir.1987).

It is undisputed that Grant failed to file his claim against McDonnell Douglas within the six-month limitations period applicable to a Section 301 action. Grant nonetheless contends that the trial court erred in not allowing, apparently on its own motion, further discovery so that counsel could show what kind of mental incapacity kept his client from pursuing his claim after the union notified him that it could do nothing further for him. In support of his claim, Grant’s only offer of proof was a letter from a child psychologist stating only that Grant’s (undefined) condition interfered with his ability to pursue his legal claim.

This court has not previously been required to decide whether “mental incapacity” would be an appropriate basis for tolling the statute of limitations for a Section 301 claim. We recognize that some courts have allowed equitable tolling of the limitations period for other federal claims, but only in exceptional circumstances, such as institutionalization or adjudged mental incompetence of the litigant. See, e.g., Biester v. Midwest Health Services, Inc., 77 F.3d 1264, 1267-68 (10th Cir.1996) (noting that the few courts that recognize an exception for mental incapacity have severely limited its application); Lopez v. Citibank, N.A. 808 F.2d 905, 907 (1st Cir.1987) (“[W]e believe a federal court should assume that the mental illness is not of a sort that makes it equitable to toll the statute-at least absent a strong reason for believing the contrary.”).

Assuming arguendo that equitable tolling could apply, we need not reach in this case the full dimensions of the evidentiary showing necessary to justify equitable tolling in a Section 301 claim. The letter offered by Grant presents no explanation for his failure to pursue his claim within the prescribed limitations period, and is too hypothetical and speculative to justify an exercise in obiter by this court.

On the record before us, we have no basis for holding that the trial court abused its discretion in moving the case along and, in the absence of a timely request for further discovery, in holding, without further delay, that the claim was time-barred.

AFFIRMED.