Topic: those rare instances where-due to circumstances external to… · Go Syfert
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Topic #2320

6 canonical passages across 5 cases, quoted by 129 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from Sherwood L. Hill v. D. A. Braxton, Buckingham Correctional Center.

#Case FlagCanonical passage Citers
1 Sherwood L. Hill v. D. A. Braxton, Buckingham Correctional Center Anchor
ca4 · 2002
green “those rare instances where-due to circumstances external to the party's own conduct-it would be unconscionable to enforce the limitation against the party.” 31
2 Menominee Indian Tribe of Wis. v. United States
scotus · 2016
green “(1) that he has been pursuing his rights diligently, and (2) that some extraordinary circumstance stood in his way and prevented timely filing.” 27
3 United States v. John Fitzgerald Prescott
ca4 · 2000
green “2255's limitation period is subject to equitable modifications such as tolling.” 26
4 Rose v. Lee
ca4 · 2001
green “(1) that jurists of reason would find it debatable whether the petition states a valid claim of the denial of a constitutional right and (2) that jurists of reason would find it debatable whether the district court was correct in its procedural ruling.” 23
5 Menominee Indian Tribe of Wis. v. United States
scotus · 2016
green “only where the circumstances that caused a litigant's delay are both extraordinary and beyond its control.” 17
6 Lisa Gayle v. United Parcel Service, Incorporated Flexible Benefits Plan-United Parcel Service Long Term Disability Plan
ca4 · 2005
green “where the claimant has actively pursued his judicial remedies by filing a defective pleading during the limitations period,” 5

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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