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