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· 3/21/1927

Ex parte Yee Hing Pan

Citations

  • 18 F.2d 154
  • 1927 U.S. Dist. LEXIS 1052

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • stating that the statute of limitations will be tolled only until the plaintiff is able through exercise of proper diligence to file suit
  • explaining that mental illness equitably tolls a statute of limitations “only if the illness in fact prevents the sufferer from managing his affairs and thus from understanding his legal rights and acting upon them”
  • finding that 29 U.S.C. § 791 may be tolled “if the plaintiff because of disability, irremediable lack of information, or other circumstances beyond his control just cannot reasonably be expected to sue in time”
  • reasoning that even serious mental illnesses are treatable
  • rejecting the application of equitable tolling where, apart from a brief manic episode, plaintiff was “compos mentis” during the relevant time frame and attended college
  • suggesting but not deciding that collateral estoppel is a question for the arbitrator

Source: CourtListener parenthetical corpus (CC0).

Judges: Neterer

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.