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- Equitable_tolling abstract "Equitable tolling is a principle of law stating that a statute of limitations shall not bar a claim in cases where the plaintiff, despite use of due diligence, could not or did not discover the injury until after the expiration of the limitations period. When the United States is a defendant, equitable tolling cannot be applied against the United States since the Spending Clause has been interpreted by the Supreme Court to only vest Congress with the authority to waive sovereign immunity, and statutes of limitation are interpreted as a condition on the waiver of sovereign immunity that limit the jurisdiction of a court to hear cases against the United States. For example, when pursuing one of several legal remedies, the statute of limitations on the remedies not being pursued will be equitably tolled if the plaintiff can show:Timely notice to the adverse party is given within applicable statute of limitations of filing first claimLack of prejudice to the defendantReasonable good faith conduct on part of the plaintiff.It has been held that equitable tolling applies principally if the plaintiff is actively misled by the defendant about the cause of action or is prevented in some extraordinary way from asserting his or her rights. However, it has also been held that the equitable tolling doctrine does not require wrongful conduct on the part of the defendant, such as fraud or misrepresentation.".
- Equitable_tolling wikiPageID "2635901".
- Equitable_tolling wikiPageRevisionID "550909411".
- Equitable_tolling hasPhotoCollection Equitable_tolling.
- Equitable_tolling subject Category:Civil_procedure.
- Equitable_tolling subject Category:Legal_doctrines_and_principles.
- Equitable_tolling type Abstraction100002137.
- Equitable_tolling type Belief105941423.
- Equitable_tolling type Cognition100023271.
- Equitable_tolling type Content105809192.
- Equitable_tolling type Doctrine105943300.
- Equitable_tolling type LegalDoctrinesAndPrinciples.
- Equitable_tolling type PsychologicalFeature100023100.
- Equitable_tolling comment "Equitable tolling is a principle of law stating that a statute of limitations shall not bar a claim in cases where the plaintiff, despite use of due diligence, could not or did not discover the injury until after the expiration of the limitations period.".
- Equitable_tolling label "Equitable tolling".
- Equitable_tolling sameAs m.07tb_2.
- Equitable_tolling sameAs Q17012359.
- Equitable_tolling sameAs Q17012359.
- Equitable_tolling sameAs Equitable_tolling.
- Equitable_tolling wasDerivedFrom Equitable_tolling?oldid=550909411.
- Equitable_tolling isPrimaryTopicOf Equitable_tolling.