tolling rule in Alaska

6 Alaska opinions name it 1 courts 1984–2017 0 in the last five years

The cases below were cited by Alaska 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 (13)

Case	Followed	Cited
Price v. Easthamgreen · 2006 · cited in 1 Alaska opinions naming this issue, 2017–2017 1 sentence 2017Price v. Eastham, 128 P.3d 725, 731-32 (Alaska 2006). -6- 1642 Finally, Giocondo invokes a federal rule providing for tolling “where the plaintiff, by exercising reasonable diligence, could not have discovered essential information bearing on his or her claim.”16 As we have previously noted, “Alaska recognizes this principle in its discovery rule.”17 The discovery rule, however, is not a tolling doctrine, but rather a means for specifying when a claim “accrues,” i.e., when the statute of limitations starts running.18 Giocondo admitted in superior court that the statute of limitations started r	1	1
Patrick v. Lynden Transport, Inc.green alaska · 1988 · cited in 1 Alaska opinions naming this issue, 2007–2007 1 sentence 2007Article I, section 7 of the Alaska Constitution provides: "No person shall be deprived of life, liberty, or property, without due process of law." [14] Patrick v. Lynden Transport, Inc., 765 P.2d 1375, 1379 (Alaska 1988). [15] Varilek, 104 P.3d at 853-55 . [16] 516 P.2d at 1221 . [17] 967 P.2d 91 , 96 (Alaska 1998). [18] See, e.g., Hanson v. Kake Tribal Corp., 939 P.2d 1320 (Alaska 1997) (holding that the tolling provision applies to claims of minor stockholders whose shares are held by adult custodians); see also Grober v. State, Dep't of Revenue, Child Support Enforcement Div., ex rel C.J.W.	1	1
Hanson v. Kake Tribal Corp.green alaska · 1997 · cited in 1 Alaska opinions naming this issue, 2007–2007 2 sentences 2007Article I, section 7 of the Alaska Constitution provides: "No person shall be deprived of life, liberty, or property, without due process of law." [14] Patrick v. Lynden Transport, Inc., 765 P.2d 1375, 1379 (Alaska 1988). [15] Varilek, 104 P.3d at 853-55 . [16] 516 P.2d at 1221 . [17] 967 P.2d 91 , 96 (Alaska 1998). [18] See, e.g., Hanson v. Kake Tribal Corp., 939 P.2d 1320 (Alaska 1997) (holding that the tolling provision applies to claims of minor stockholders whose shares are held by adult custodians); see also Grober v. State, Dep't of Revenue, Child Support Enforcement Div., ex rel C.J.W. 2007Article I, section 7 of the Alaska Constitution provides: "No person shall be deprived of life, liberty, or property, without due process of law." [14] Patrick v. Lynden Transport, Inc., 765 P.2d 1375, 1379 (Alaska 1988). [15] Varilek, 104 P.3d at 853-55 . [16] 516 P.2d at 1221 . [17] 967 P.2d 91 , 96 (Alaska 1998). [18] See, e.g., Hanson v. Kake Tribal Corp., 939 P.2d 1320 (Alaska 1997) (holding that the tolling provision applies to claims of minor stockholders whose shares are held by adult custodians); see also Grober v. State, Dep't of Revenue, Child Support Enforcement Div., ex rel C.J.W.	1	1
Barrio v. San Manuel Division Hospital for Magma Copper Co.green ariz · 1984 · cited in 1 Alaska opinions naming this issue, 2007–2007 2 sentences 2007Article I, section 7 of the Alaska Constitution provides: "No person shall be deprived of life, liberty, or property, without due process of law." [14] Patrick v. Lynden Transport, Inc., 765 P.2d 1375, 1379 (Alaska 1988). [15] Varilek, 104 P.3d at 853-55 . [16] 516 P.2d at 1221 . [17] 967 P.2d 91 , 96 (Alaska 1998). [18] See, e.g., Hanson v. Kake Tribal Corp., 939 P.2d 1320 (Alaska 1997) (holding that the tolling provision applies to claims of minor stockholders whose shares are held by adult custodians); see also Grober v. State, Dep't of Revenue, Child Support Enforcement Div., ex rel C.J.W. 2007Article I, section 7 of the Alaska Constitution provides: "No person shall be deprived of life, liberty, or property, without due process of law." [14] Patrick v. Lynden Transport, Inc., 765 P.2d 1375, 1379 (Alaska 1988). [15] Varilek, 104 P.3d at 853-55 . [16] 516 P.2d at 1221 . [17] 967 P.2d 91 , 96 (Alaska 1998). [18] See, e.g., Hanson v. Kake Tribal Corp., 939 P.2d 1320 (Alaska 1997) (holding that the tolling provision applies to claims of minor stockholders whose shares are held by adult custodians); see also Grober v. State, Dep't of Revenue, Child Support Enforcement Div., ex rel C.J.W.	1	1
Sax v. Vottelergreen tex · 1983 · cited in 1 Alaska opinions naming this issue, 2007–2007 1 sentence 2007Article I, section 7 of the Alaska Constitution provides: "No person shall be deprived of life, liberty, or property, without due process of law." [14] Patrick v. Lynden Transport, Inc., 765 P.2d 1375, 1379 (Alaska 1988). [15] Varilek, 104 P.3d at 853-55 . [16] 516 P.2d at 1221 . [17] 967 P.2d 91 , 96 (Alaska 1998). [18] See, e.g., Hanson v. Kake Tribal Corp., 939 P.2d 1320 (Alaska 1997) (holding that the tolling provision applies to claims of minor stockholders whose shares are held by adult custodians); see also Grober v. State, Dep't of Revenue, Child Support Enforcement Div., ex rel C.J.W.	1	1
Lee v. Gaufingreen utah · 1993 · cited in 1 Alaska opinions naming this issue, 2007–2007 1 sentence 2007Article I, section 7 of the Alaska Constitution provides: "No person shall be deprived of life, liberty, or property, without due process of law." [14] Patrick v. Lynden Transport, Inc., 765 P.2d 1375, 1379 (Alaska 1988). [15] Varilek, 104 P.3d at 853-55 . [16] 516 P.2d at 1221 . [17] 967 P.2d 91 , 96 (Alaska 1998). [18] See, e.g., Hanson v. Kake Tribal Corp., 939 P.2d 1320 (Alaska 1997) (holding that the tolling provision applies to claims of minor stockholders whose shares are held by adult custodians); see also Grober v. State, Dep't of Revenue, Child Support Enforcement Div., ex rel C.J.W.	1	1
Grober v. State, Department of Revenue, Child Support Enforcement Division Ex Rel. C.J.W.green alaska · 1998 · cited in 1 Alaska opinions naming this issue, 2007–2007 1 sentence 2007Article I, section 7 of the Alaska Constitution provides: "No person shall be deprived of life, liberty, or property, without due process of law." [14] Patrick v. Lynden Transport, Inc., 765 P.2d 1375, 1379 (Alaska 1988). [15] Varilek, 104 P.3d at 853-55 . [16] 516 P.2d at 1221 . [17] 967 P.2d 91 , 96 (Alaska 1998). [18] See, e.g., Hanson v. Kake Tribal Corp., 939 P.2d 1320 (Alaska 1997) (holding that the tolling provision applies to claims of minor stockholders whose shares are held by adult custodians); see also Grober v. State, Dep't of Revenue, Child Support Enforcement Div., ex rel C.J.W.	1	1
Mominee v. Scherbarthgreen ohio · 1986 · cited in 1 Alaska opinions naming this issue, 2007–2007 2 sentences 2007Luke's Hosp., 706 S.W.2d 7, 10 (Mo.1986). [26] Barrio, 692 P.2d at 286 (concluding that the medical malpractice statute of limitations violated minors' state constitutional right to recover damages for an injury). [27] Mominee v. Scherbarth, 28 Ohio St.3d 270 , 503 N.E.2d 717, 723 (1986) (concluding that the medical malpractice statute of limitations as applied to minors violated the state constitution's open-courts guarantee). [28] Strahler, 706 S.W.2d at 12 (concluding that the medical malpractice statute of limitations was "too severe an interference with a minor['s] state constitutionally 2007Luke's Hosp., 706 S.W.2d 7, 10 (Mo.1986). [26] Barrio, 692 P.2d at 286 (concluding that the medical malpractice statute of limitations violated minors' state constitutional right to recover damages for an injury). [27] Mominee v. Scherbarth, 28 Ohio St.3d 270 , 503 N.E.2d 717, 723 (1986) (concluding that the medical malpractice statute of limitations as applied to minors violated the state constitution's open-courts guarantee). [28] Strahler, 706 S.W.2d at 12 (concluding that the medical malpractice statute of limitations was "too severe an interference with a minor['s] state constitutionally	1	1
Evans Ex Rel. Kutch v. Stategreen · 2002 · cited in 1 Alaska opinions naming this issue, 2007–2007 1 sentence 2007Article I, section 7 of the Alaska Constitution provides: "No person shall be deprived of life, liberty, or property, without due process of law." [14] Patrick v. Lynden Transport, Inc., 765 P.2d 1375, 1379 (Alaska 1988). [15] Varilek, 104 P.3d at 853-55 . [16] 516 P.2d at 1221 . [17] 967 P.2d 91 , 96 (Alaska 1998). [18] See, e.g., Hanson v. Kake Tribal Corp., 939 P.2d 1320 (Alaska 1997) (holding that the tolling provision applies to claims of minor stockholders whose shares are held by adult custodians); see also Grober v. State, Dep't of Revenue, Child Support Enforcement Div., ex rel C.J.W.	1	1
Strahler v. St. Luke's Hospitalgreen mo · 1986 · cited in 1 Alaska opinions naming this issue, 2007–2007 2 sentences 2007Luke's Hosp., 706 S.W.2d 7, 10 (Mo.1986). [26] Barrio, 692 P.2d at 286 (concluding that the medical malpractice statute of limitations violated minors' state constitutional right to recover damages for an injury). [27] Mominee v. Scherbarth, 28 Ohio St.3d 270 , 503 N.E.2d 717, 723 (1986) (concluding that the medical malpractice statute of limitations as applied to minors violated the state constitution's open-courts guarantee). [28] Strahler, 706 S.W.2d at 12 (concluding that the medical malpractice statute of limitations was "too severe an interference with a minor['s] state constitutionally 2007Luke's Hosp., 706 S.W.2d 7, 10 (Mo.1986). [26] Barrio, 692 P.2d at 286 (concluding that the medical malpractice statute of limitations violated minors' state constitutional right to recover damages for an injury). [27] Mominee v. Scherbarth, 28 Ohio St.3d 270 , 503 N.E.2d 717, 723 (1986) (concluding that the medical malpractice statute of limitations as applied to minors violated the state constitution's open-courts guarantee). [28] Strahler, 706 S.W.2d at 12 (concluding that the medical malpractice statute of limitations was "too severe an interference with a minor['s] state constitutionally	1	1
Byrne v. Oglegreen alaska · 1971 · cited in 1 Alaska opinions naming this issue, 1998–1998 1 sentence 1998Statutes of limitations, on the other hand, “encourage promptness in the prosecution of actions and thus avoid the injustice which may result from prosecution of stale claims.” Byrne v. Ogle, 488 P.2d 716, 718 (Alaska 1971).	1	1
Greater Area Inc. v. Bookmangreen alaska · 1982 · cited in 1 Alaska opinions naming this issue, 1988–1988 1 sentence 1988See Gudenau & Co. v. Sweeney Ins., 736 P.2d 763, 766-67 (Alaska 1987); Greater Area Inc. v. Bookman, 657 P.2d 828, 829-30 (Alaska 1982).	1	1
Gudenau & Co., Inc. v. Sweeney Ins., Inc.green alaska · 1987 · cited in 1 Alaska opinions naming this issue, 1988–1988 1 sentence 1988See Gudenau & Co. v. Sweeney Ins., 736 P.2d 763, 766-67 (Alaska 1987); Greater Area Inc. v. Bookman, 657 P.2d 828, 829-30 (Alaska 1982).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Alaska. Read the followed side critically anyway.

Also cited on this issue (6)

Case	Cited	Years
Matter of KAH green alaska · 1998 1 sentence 2007Article I, section 7 of the Alaska Constitution provides: "No person shall be deprived of life, liberty, or property, without due process of law." [14] Patrick v. Lynden Transport, Inc., 765 P.2d 1375, 1379 (Alaska 1988). [15] Varilek, 104 P.3d at 853-55 . [16] 516 P.2d at 1221 . [17] 967 P.2d 91 , 96 (Alaska 1998). [18] See, e.g., Hanson v. Kake Tribal Corp., 939 P.2d 1320 (Alaska 1997) (holding that the tolling provision applies to claims of minor stockholders whose shares are held by adult custodians); see also Grober v. State, Dep't of Revenue, Child Support Enforcement Div., ex rel C.J.W.	1	2007–2007
Bush v. Reid green alaska · 1973 1 sentence 2007Article I, section 7 of the Alaska Constitution provides: "No person shall be deprived of life, liberty, or property, without due process of law." [14] Patrick v. Lynden Transport, Inc., 765 P.2d 1375, 1379 (Alaska 1988). [15] Varilek, 104 P.3d at 853-55 . [16] 516 P.2d at 1221 . [17] 967 P.2d 91 , 96 (Alaska 1998). [18] See, e.g., Hanson v. Kake Tribal Corp., 939 P.2d 1320 (Alaska 1997) (holding that the tolling provision applies to claims of minor stockholders whose shares are held by adult custodians); see also Grober v. State, Dep't of Revenue, Child Support Enforcement Div., ex rel C.J.W.	1	2007–2007
Varilek v. City of Houston green alaska · 2004 1 sentence 2007Article I, section 7 of the Alaska Constitution provides: "No person shall be deprived of life, liberty, or property, without due process of law." [14] Patrick v. Lynden Transport, Inc., 765 P.2d 1375, 1379 (Alaska 1988). [15] Varilek, 104 P.3d at 853-55 . [16] 516 P.2d at 1221 . [17] 967 P.2d 91 , 96 (Alaska 1998). [18] See, e.g., Hanson v. Kake Tribal Corp., 939 P.2d 1320 (Alaska 1997) (holding that the tolling provision applies to claims of minor stockholders whose shares are held by adult custodians); see also Grober v. State, Dep't of Revenue, Child Support Enforcement Div., ex rel C.J.W.	1	2007–2007
Crown, Cork & Seal Co. v. Parker green scotus · 1983 2 sentences 1998This would engender a “needless multiplicity of actions — precisely the situation that Federal Rule of Civil Procedure 23 and the tolling rule of American Pipe were designed to avoid.” Crown, Cork, 462 U.S. at 351 , 103 S.Ct. 2392 . 1998This would engender a “needless multiplicity of actions — precisely the situation that Federal Rule of Civil Procedure 23 and the tolling rule of American Pipe were designed to avoid.” Crown, Cork, 462 U.S. at 351 , 103 S.Ct. 2392 .	1	1998–1998
Fields v. Fairbanks North Star Borough green alaska · 1991 2 sentences 1997E.g., Fields v. Fairbanks North Star Borough, 818 P.2d 658 (Alaska 1991). 1997E.g., Fields v. Fairbanks North Star Borough, 818 P.2d 658 (Alaska 1991).	1	1997–1997
Haakanson v. Wakefield Seafoods, Inc. green alaska · 1979 2 sentences 1984We stated that there was "no legislative intent to treat [an action for wrongful death] differently than the common law tort action," 600 P.2d at 1092 , and noted our agreement, in spirit, with cases which "interpret the action as any other tort action and apply the general procedural statutes of limitations and the exceptions for disability." [10] Id. at 1091-92 . 1984We stated that there was "no legislative intent to treat [an action for wrongful death] differently than the common law tort action," 600 P.2d at 1092 , and noted our agreement, in spirit, with cases which "interpret the action as any other tort action and apply the general procedural statutes of limitations and the exceptions for disability." [10] Id. at 1091-92 .	1	1984–1984

Where else courts name it

CA 69 (1974–2025) TX 60 (1992–2026) DE 24 (2009–2026) FL 17 (1986–2026) MD 15 (2005–2025) NY 14 (1990–2024) IL 12 (1993–2015) TN 11 (1998–2025) WI 11 (1988–2025) MI 9 (1976–2023) GA 9 (2006–2025) OK 7 (1959–2024) MA 7 (1988–2025) OH 7 (1978–2022) AK 6 (1984–2017) PA 6 (1985–1992) NJ 6 (1978–2025) DC 6 (1991–2000) NM 6 (1978–2025) CT 6 (1997–2019) NV 5 (2012–2019) IA 5 (2011–2024) IN 4 (1994–2015) WA 4 (1999–2023) AZ 4 (1996–2020) OR 4 (1997–2024) LA 3 (2010–2021) KY 3 (2009–2022) ID 3 (1993–2009) KS 3 (1984–2012) ME 3 (2010–2019) UT 3 (1999–2018) VA 2 (2017–2024) MT 2 (2014–2014) MN 2 (1984–2026) WV 2 (1997–2019) HI 2 (1998–2015) VT 2 (2005–2012) VI 2 (2000–2017)

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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