· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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