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· 3/5/2014

Lozano v. Montoya Alvarez

Citations

  • 134 S. Ct. 1224
  • 188 L. Ed. 2d 200
  • 2014 U.S. LEXIS 1786
  • 82 U.S.L.W. 4159
  • 572 U.S. 1
  • 24 Fla. L. Weekly Fed. S 609
  • 2014 WL 838515

How courts have described this case

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

  • noting that equitable tolling may be appropriate when a person diligently pursues her rights but an “extraordinary circumstance prevents [her] from bringing a timely action”
  • holding that a retention is “wrongful” when “it is in breach of rights of custody attributed to a person, . . . either jointly or alone” (alteration in original; quotation marks omitted; quoting Hague Convention, Art. 3
  • observing that when the drafters of legislation did not use \obvious alternative\ language, \the natural implication is that they did not intend\ that alternative
  • observing that “the [equitable tolling] doctrine effectively extends an otherwise discrete limitations period set by Congress” and, therefore, warrants careful consideration of statutory intent
  • explaining that equitable tolling applies “when a litigant has pursued [her] rights diligently but some extraordinary circumstance prevents [her] from bringing a timely action”
  • requiring that a “litigant has pursued his rights diligently but some extraordinary circumstance prevents him from bringing a timely action”

Source: CourtListener parenthetical corpus (CC0).

Judges: Thomas

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.