Robert R. Cocke v. Merrill Lynch & Company, Inc. Merrill Lynch, Pierce, Fenner & Smith

How courts have described this case

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

• holding that equitable tolling applied where an employer was actively pursuing other positions for the em- ployee
• recognizing that “‘courts evince a reluctance to toll the filing period absent misconduct or bad faith attributable to the defendant’”
• similarly noting that this issue “presents a triable fact, which cannot be disposed of on summary judgment”
• “Equitable tolling is a type of equitable modification, which often focuses on the plaintiff’s excusable ignorance of the limitations period and on the lack of prejudice to the defendant.” (quotation marks omitted, alteration adopted)
• “A final decision to terminate the USCA11 Case: 22-11928 Document: 37-1 Date Filed: 05/04/2023 Page: 4 of 17 4 Opinion of the Court 22-11928 employee, rather than actual termination, constitutes the ‘alleged unlawful practice’ that triggers the filing period.”
• “[E]quitable tolling does not require employer misconduct.”

Source: CourtListener parenthetical corpus (CC0).