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· 1/4/2006

Juan Romagoza Arce v. Jose Guillermo Garcia

Citations

  • 434 F.3d 1254
  • 2006 U.S. App. LEXIS 65
  • 2006 WL 13218

How courts have described this case

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

  • noting that the district court “turned to the evidence bearing on the question of ” whether equitable tolling was war- ranted.
  • assuming that § 1331, not the ATS, provides the jurisdictional basis for the TVPA
  • explaining that “plaintiff bears the burden of showing that such extraordinary circumstances exist”
  • finding claims in second amended complaint related back where they “were closely related, if not identical, to the claims asserted in [the] initial complaint”
  • affirming judgment holding Minister of Defense and Director General of El Salvador National Guard liable for torture committed by their soldiers under the command responsibility doctrine
  • finding the interests of justice can weigh in favor of allowing a plaintiff to assert an untimely claim if circumstances beyond the plaintiff’s control prevented timely filing

Source: CourtListener parenthetical corpus (CC0).

Judges: Tjoflat, Carnes, Conway

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.