Equitable Tolling

Equitable tolling refers to a court extending the time to file a claim outside of the normal statute of limitations. A “statute of limitations may be suspended or tolled only by specific disabilities or exceptions enacted by the legislature and the courts are not empowered to extend those exceptions.” Shelter Mutual Insurance Co. v. Director of Revenue, 107 S.W.3d 919, 923 (Mo. 2003).

Tolling is available where the ” defendant has actively misled the plaintiff respecting the cause of action, or where the plaintiff has in some extraordinary way been prevented from asserting his rights, or has raised the precise statutory claim in issue but has mistakenly done so in the wrong forum.” Ross v. Union Pac. R.R. Co., 906 S.W.2d 711, 712 (Mo. 1995). A party seeking to toll and extend a deadline must prove two elements: (1) that the litigant has been pursuing his rights diligently and (2) some extraordinary circumstances stood in his/her way. Pace v. DiGuglielmo, 544 U.S. 408, 418 (2005).

Related Articles

Judicial Immunity

November 11, 2024

Missouri and federal courts recognize judicial immunity. Judicial immunity exempts conduct from civil or criminal liability. It is “conduct which is intimately associated with the judicial phase of the judicial process.” White v. Camden Cnty. Sheriff’s Dept, 106 S.W.3d 626, 633 (Mo. Ct. App. 2003). The defense may be invoked by individuals who are not…

Read More

Diversity Jurisdiction, Measuring $75,000

September 29, 2024

One of the ways to get to federal court is if there is diversity jurisdiction. This requires (1) complete diversity of citizenship of the adverse parties and an amount in controversy exceeding $75,000. Lee v. Airgas MidSouth, Inc., 793 F.3d 894, 899 (8th Cir. 2015); 28 U.S.C. § 1332(a). Many lawsuits, however, are coy on whether the…

Read More

Discovery Sanctions, Striking of Pleadings

September 26, 2024

In many civil litigation disputes — particularly factually complex cases — pre-trial discovery is cumbersome. Discovery is the fact-finding process (eg, depositions, interrogatories, requests for production, etc.) in a lawsuit. A lot of gamesmanship and dilatory tactics occur in discovery. In Missouri, “[a] trial court has an obligation to ensure that discovery rules are followed and…

Read More

Peremptory Challenges: Jury Selection

September 2, 2024

Jury selection is more aptly described as jury elimination. Jurors are struck or eliminated and the remaining jurors often become the jury. The overall purpose of jury selection is to “discover bias or prejudice in order to select a fair and impartial jury.” State v. Leisure, 749 S.W.2d 366, 373 (Mo. 1988). A potential juror…

Read More
Scroll to Top