McCloud v. STATE, DEPT. OF PUBLIC SAFETY

How courts have described this case

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

• concluding that because equitable estoppel sounds in equity, whether to apply equitable estoppel is a decision within the superior court’s discretion (citations omitted)
• concluding that because equitable estoppel sounds in equity, whether to apply equitable estoppel is a decision within the superior court’s discretion
• holding that to justify applying equitable tolling of limitation period, the “petitioner must support his allegations with evidence; he cannot rely solely on personal conclusions or assessments”
• recognizing that a limitation period is customarily subject to equitable tolling, but the party opposing dismissal based on the limitation period bears the burden of demonstrating entitlement to equitable tolling
• explaining, in cases of attorney illness, “courts have only applied the doctrine of equitable tolling where the attorney had suffered a significant incapacitating disability”
• affirming trial court’s decision not to apply equitable tolling based on attorney’s illness and family circumstances

Source: CourtListener parenthetical corpus (CC0).