timing rule (District of Columbia) · Go Syfert
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timing rule in District of Columbia

11 District of Columbia opinions name it 1 courts 1980–2023 1 in the last five years

The cases below were cited by District of Columbia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (9)

CaseFollowedCited
Barbara Brewer v. DC Office Of Employee Appeals / DC Public Schoolsgreen
dc · 2017 · cited in 2 District of Columbia opinions naming this issue, 2017–2020
2 sentences

2020Appeals, 163 A.3d 799, 802 (D.C. 2017) (internal brackets omitted). “[W]hether a timing rule should be tolled turns on” a variety of factors, such as the benefitting party’s vigilance, the presence of “unexplained or undue delay[,]” whether “tolling would work an injustice to the other party,” and “[t]he importance of ultimate finality in legal proceedings[.]” Id.

2020Appeals, 163 A.3d 799, 802 (D.C. 2017) (internal brackets omitted). “[W]hether a timing rule should be tolled turns on” a variety of factors, such as the benefitting party’s vigilance, the presence of “unexplained or undue delay[,]” whether “tolling would work an injustice to the other party,” and “[t]he importance of ultimate finality in legal proceedings[.]” Id.

22
Simpson v. District of Columbia Office of Human Rightsgreen
dc · 1991 · cited in 2 District of Columbia opinions naming this issue, 2015–2017
2 sentences

2017As we further explained, “[w]e have said that ‘equity aids the vigilant,’ and have indicated that whether a timing rule should be tolled turns on whether there was unexplained or undue delay and whether tolling would work an injustice to the other party,” Id. (citing Simpson v. District of Columbia Office of Human Rights, 597 A.2d 392, 403-04 (D.C. 1991)).

2015Simpson v. District of Columbia Office of Human Rights, 597 A.2d 392, 403-04 (D.C.1991).

22
Mathis v. District of Columbia Housing Authoritygreen
dc · 2015 · cited in 3 District of Columbia opinions naming this issue, 2017–2020
2 sentences

2017As we further explained, “[w]e have said that ‘equity aids the vigilant,’ and have indicated that whether a timing rule should be tolled turns on whether there was unexplained or undue delay and whether tolling would work an injustice to the other party,” Id. (citing Simpson v. District of Columbia Office of Human Rights, 597 A.2d 392, 403-04 (D.C. 1991)).

2017Moreover, “whether a timing rule should be tolled turns on whether there was únexplained or Undue delay and whether tolling would work an injustice to the othér party.” Id. at 1104 ; see also Brewer v. District of Columbia Office of Emp.

13
United States v. Shannon Williamsgreen
ca8 · 2013 · cited in 1 District of Columbia opinions naming this issue, 2023–2023
1 sentence

2023Cir. 2021) (citing Dolan and holding that although the relevant statute used language suggesting the deadline for agency action was mandatory, the agency’s failure to satisfy a timing requirement did not require vacating its rule); United States v. Williams, 720 F.3d 674, 700-02 (8th Cir. 2013) (citing Dolan and reasoning that precluding forfeiture because of the district court’s failure to meet a 4 As one district court put it, “[i]n Dolan, . . . the issue was not whether one of the parties had waived a claim but rather what consequences resulted from the court’s untimely scheduling of a mand

11
United States v. Roger Welbeckgreen
ca2 · 1998 · cited in 1 District of Columbia opinions naming this issue, 2014–2014
1 sentence

2014See id. at 497 (“That concern is not present where, as here, it was the jury that raised the question of a lesser included offense in a note to the court.”).

11
Flores v. District of Columbia Rental Housing Commissiongreen
dc · 1988 · cited in 1 District of Columbia opinions naming this issue, 2001–2001
2 sentences

2001See Flores, supra, 547 A.2d at 1003 .

2001See Flores, supra, 547 A.2d at 1003 .

11
Abramson Associates, Inc. v. District of Columbia Department of Employment Servicesgreen
dc · 1991 · cited in 1 District of Columbia opinions naming this issue, 1999–1999
1 sentence

1999See, e.g., Abramson Assocs. v. District of Columbia Dep't of Employment Servs., 596 A.2d 549, 553 (D.C.1991); Lyles, supra, 572 A.2d at 84 . [2] Contrary to the majority, I think that the examiner's factual findings, which the Director accepted, adequately show the proximity of the timing of the claim to the claimant's termination.

11
Gordon v. United Statesgreen
dc · 1983 · cited in 1 District of Columbia opinions naming this issue, 1994–1994
2 sentences

1994See Gordon v. United States, 466 A.2d 1226, 1231 (D.C.1983) (such instructional error harmless where it can be said “with fair assurance that the verdict was not substantially swayed by the error”). 3 C.

1994See Gordon, supra, 466 A.2d at 1231.

11
Morton v. United Statesgreen
dc · 1980 · cited in 1 District of Columbia opinions naming this issue, 1980–1980
2 sentences

1980In addition, we noted that although it is not necessarily error to give the Winters charge, under these circumstances "the timing of the instruction could have well implied that a verdict was being demanded before the juror would be excused to attend to her personal business." Id. at 803.

1980In addition, we noted that although it is not necessarily error to give the Winters charge, under these circumstances “the timing of the instruction could have well implied that a verdict was being demanded before the juror would be excused to attend to her personal business.” Id. at 803 .

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in District of Columbia. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Howsam v. Dean Witter Reynolds, Inc. green
scotus · 2002
2 sentences

2005Specifically on the question of waiver, appellants assert that Wulff did not comply with the timing requirement of Rule 7(c) of the AAA’s Commercial Rules in objecting to arbitration and that Rule 48 provides that “[n]o judicial proceeding by a party relating to the subject matter of the arbitration shall be deemed a waiver of that party’s right to arbitrate.” Thus, as in Howsam , the AAA arbitrator in this case should be well-placed to decide the question of waiver. 537 U.S. at 84 , 123 S.Ct. 588 . 6 Therefore, having established that the dispute between the parties is subject to arbitration,

2005Specifically on the question of waiver, appellants assert that Wulff did not comply with the timing requirement of Rule 7(c) of the AAA’s Commercial Rules in objecting to arbitration and that Rule 48 provides that “[n]o judicial proceeding by a party relating to the subject matter of the arbitration shall be deemed a waiver of that party’s right to arbitrate.” Thus, as in Howsam , the AAA arbitrator in this case should be well-placed to decide the question of waiver. 537 U.S. at 84 , 123 S.Ct. 588 . 6 Therefore, having established that the dispute between the parties is subject to arbitration,

12005–2005
Lyles v. District of Columbia Department of Employment Services green
dc · 1990
2 sentences

1999See, e.g., Abramson Assocs. v. District of Columbia Dep't of Employment Servs., 596 A.2d 549, 553 (D.C.1991); Lyles, supra, 572 A.2d at 84 . [2] Contrary to the majority, I think that the examiner's factual findings, which the Director accepted, adequately show the proximity of the timing of the claim to the claimant's termination.

1999See, e.g., Abramson Assocs. v. District of Columbia Dep't of Employment Servs., 596 A.2d 549, 553 (D.C.1991); Lyles, supra, 572 A.2d at 84 . [2] Contrary to the majority, I think that the examiner's factual findings, which the Director accepted, adequately show the proximity of the timing of the claim to the claimant's termination.

11999–1999

Where else courts name it

IL 78 (1979–2026) PA 43 (1979–2026) CA 37 (1979–2026) MI 20 (1999–2025) NY 20 (1992–2026) OH 19 (2007–2024) TX 18 (2001–2016) WA 16 (1999–2025) GA 15 (1983–2025) MO 15 (1989–2024) UT 14 (2000–2026) OR 12 (1979–2025) DC 11 (1980–2023) NE 10 (2006–2022) MN 10 (1994–2025) FL 9 (1988–2024) MD 8 (1998–2025) AZ 8 (2000–2025) CT 8 (1994–2021) DE 8 (1994–2024) IA 7 (2016–2021) MA 7 (1994–2025) LA 6 (1998–2012) NC 6 (1998–2020) MT 6 (1985–2011) VA 6 (2010–2019) TN 6 (2016–2024) CO 5 (2011–2026) ID 5 (1986–2023) RI 5 (1980–2015) KS 5 (1982–2024) WI 4 (1981–2014) HI 4 (1994–2016) IN 4 (2011–2026) NJ 4 (2000–2026) AK 3 (1984–2022) NM 3 (2006–2025) SC 3 (2001–2022) AL 3 (2001–2006) WY 3 (2010–2018) KY 3 (2020–2025) NV 2 (2022–2024) SD 2 (2008–2021) MS 2 (1991–1992) NH 2 (1992–2023)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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