equitable tolling doctrine (New Mexico) · Go Syfert
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equitable tolling doctrine in New Mexico

10 New Mexico opinions name it 2 courts 1986–2015 0 in the last five years

The cases below were cited by New Mexico 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 (4)

CaseFollowedCited
Allen v. Diebold, Inc.green
ohnd · 1992 · cited in 3 New Mexico opinions naming this issue, 2013–2013
2 sentences

2013Ctr., 593 F. Supp. 2d 659, 667 (S.D.N.Y. 2009) (stating that equitable tolling is inapplicable because “allegations [of trickery by the defendant who offered the plaintiff an interview after her termination] are insufficient to merit the application of the equitable tolling doctrine[,]” and that the plaintiff “has not demonstrated that she exercised reasonable diligence in pursuing her discrimination claim”); see also Allen, 807 F. Supp. at 1317 (concluding that where the plaintiffs offered no facts to show diligence, equitable tolling does not apply even if the plaintiffs were only informed a

2013Ctr., 593 F. Supp. 2d 659, 667 (S.D.N.Y. 2009) (stating that equitable tolling is inapplicable because “allegations [of trickery by the defendant who offered the plaintiff an interview after her termination] are insufficient to merit the application of the equitable tolling doctrine[,]” and that the plaintiff “has not demonstrated that she exercised reasonable diligence in pursuing her discrimination claim”); see also Allen, 807 F. Supp. at 1317 (concluding that where the plaintiffs offered no facts to show diligence, equitable tolling does not apply even if the plaintiffs were only informed a

33
Auguste v. New York Presbyterian Medical Centergreen
nysd · 2009 · cited in 3 New Mexico opinions naming this issue, 2013–2013
2 sentences

2013Ctr., 593 F. Supp. 2d 659, 667 (S.D.N.Y. 2009) (stating that equitable tolling is inapplicable because “allegations [of trickery by the defendant who offered the plaintiff an interview after her termination] are insufficient to merit the application of the equitable tolling doctrine[,]” and that the plaintiff “has not demonstrated that she exercised reasonable diligence in pursuing her discrimination claim”); see also Allen, 807 F. Supp. at 1317 (concluding that where the plaintiffs offered no facts to show diligence, equitable tolling does not apply even if the plaintiffs were only informed a

2013Ctr., 593 F. Supp. 2d 659, 667 (S.D.N.Y. 2009) (stating that equitable tolling is inapplicable because “allegations [of trickery by the defendant who offered the plaintiff an interview after her termination] are insufficient to merit the application of the equitable tolling doctrine[,]” and that the plaintiff “has not demonstrated that she exercised reasonable diligence in pursuing her discrimination claim”); see also Allen, 807 F. Supp. at 1317 (concluding that where the plaintiffs offered no facts to show diligence, equitable tolling does not apply even if the plaintiffs were only informed a

33
Wagher v. Guy's Foods, Inc.green
ksd · 1991 · cited in 1 New Mexico opinions naming this issue, 2004–2004
1 sentence

2004See id.

11
Addison v. State of Californiagreen
cal · 1978 · cited in 1 New Mexico opinions naming this issue, 1986–1986
2 sentences

1986On appeal, the Addison court reversed, asserting that while the limitation period for governmental tort claims was “mandatory and must be strictly complied with * * id. 146 Cal.Rptr. at 225 , 578 P.2d at 942 , application of the doctrine of equitable tolling was not precluded when “the harsh impact of technical rules * * * might otherwise prevent a good faith litigant from having a day in court.” Addison, 21 Cal.3d at 316 , 146 Cal.Rptr. at 225 , 578 P.2d at 942 (emphasis added).

1986On appeal, the Addison court reversed, asserting that while the limitation period for governmental tort claims was “mandatory and must be strictly complied with * * id. 146 Cal.Rptr. at 225 , 578 P.2d at 942 , application of the doctrine of equitable tolling was not precluded when “the harsh impact of technical rules * * * might otherwise prevent a good faith litigant from having a day in court.” Addison, 21 Cal.3d at 316 , 146 Cal.Rptr. at 225 , 578 P.2d at 942 (emphasis added).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New Mexico. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Ocana v. American Furniture Co. green
nm · 2004
2 sentences

2014Furniture Co., 2004-NMSC-018, ¶¶ 15-18 , 135 N.M. 539 , 91 P.3d 58 (applying federal precedent to the doctrine of equitable tolling where a Title VII claim involved a federal statute).

2014Furniture Co., 2004-NMSC-018, ¶¶ 15-18 , 135 N.M. 539 , 91 P.3d 58 (applying federal precedent to the doctrine of equitable tolling where a Title VII claim involved a federal statute).

32013–2014
Snow v. Warren Power & Machinery, Inc. neutral
nmctapp · 2013
2 sentences

2015Snow v. Warren 18 Power & Mach., Inc., 2014-NMCA-054, ¶ 1 , 326 P.3d 33 .

2015Snow v. Warren Power & Mach., Inc., 2014-NMCA-054, ¶ 1 , 326 P.3d 33 .

22015–2015

Statutes the citing opinions construe

NM § N.M. Stat. § 37-1-8 (5) NM § N.M. Stat. § 28-1-10 (3) NM § N.M. Stat. § 28-1-7 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 139 (1978–2026) PA 119 (2000–2026) WA 33 (1994–2026) TX 32 (1990–2026) FL 23 (1986–2026) IL 22 (1989–2026) AL 20 (2007–2026) IA 19 (1998–2025) OH 17 (1998–2026) SC 16 (2008–2025) NJ 16 (1997–2026) MT 15 (1988–2025) DE 15 (2013–2026) ND 13 (1997–2023) DC 13 (1983–2025) CO 12 (1995–2025) MI 10 (2005–2024) CT 10 (1996–2019) NM 10 (1986–2015) AZ 8 (1985–2020) TN 8 (1996–2022) KY 8 (2005–2026) UT 8 (2001–2021) SD 6 (2000–2024) NV 6 (1983–2021) AR 5 (2003–2024) VI 5 (2009–2025) MS 5 (1991–2015) MA 4 (1999–2024) NY 4 (2007–2020) MN 4 (1981–2015) AK 4 (1989–2013) MD 4 (1993–2013) HI 4 (1998–2024) RI 3 (2002–2017) NE 3 (1996–2024) VA 2 (2004–2012) GA 2 (2009–2020) ME 2 (2017–2025) WV 2 (2021–2022) OK 2 (1986–1999) VT 2 (1999–2024) NC 2 (1994–2014) ID 2 (2007–2025)

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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