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· 7/11/2002

Montoya v. Chao

Citations

  • 296 F.3d 952
  • 2002 U.S. App. LEXIS 13980
  • 89 Fair Empl. Prac. Cas. (BNA) 653
  • 2002 WL 1481266

How courts have described this case

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

  • holding that difficulties faced by many litigants such as “limited education and little understanding of the law or of the intricacies of the procedural framework of Title VII actions” do not suffice to justify equitable tolling
  • finding that pro se plaintiff’s “garden variety claim of excusable neglect” was “unworthy of meriting equitable tolling”
  • noting the same standards and recognizing that a “garden variety claim of excusable neglect” is “unworthy of meriting equitable tolling” (citation omitted)
  • “To the contrary, the instant case is precisely the type of ‘garden variety claim of excusable neglect’ that the Supreme Court deemed unworthy of meriting equitable tolling[.]”
  • “The burden of establishing subject- matter jurisdiction is on the party asserting jurisdiction.”
  • “The burden of establishing subject- matter jurisdiction is on the party asserting jurisdiction.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Lucero, Holloway, Murphy

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.