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