Also known as:tolling · tolled · tolls · equitable tolling · statute tolling
Written by attorneys · grounded in primary & secondary sources — see below
A legal rule that pauses or extends the running of a statute of limitations under specified conditions. The rule treats tolling provisions as substantive for Erie purposes in diversity cases so that the outcome does not turn on the choice of forum.
Sources & Authorities
How it applies
Common Examples
2
Diversity Tolling Under Concealment Rule
Edith sued Nova Patient in federal district court under diversity jurisdiction after discovering a surgical instrument left inside her during an operation. The state's two-year limitations period had already run, but a state concealment provision extended the filing window. Nova Patient moved to dismiss. The court applied the state tolling rule because statutes of limitations and their tolling provisions are substantive under the outcome-determination test and must be followed to avoid a different result than a state court would reach.
Tolling During Settlement Assurances
Brittney filed a diversity action in federal court after the general contract limitations period had run but within the time permitted by the forum state's reliance-tolling rule. The rule was triggered by written assurances from the defendant during settlement talks that the nonrenewal decision would be reconsidered. The court applied the state tolling provision because ignoring it would produce an outcome materially different from the result in state court.
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Cases
Statutes
Uniform Acts
Hornbooks
Common questions
Frequently Asked
3
Must a federal court sitting in diversity apply a state tolling rule for concealment?+
Yes. Statutes of limitations and the rules that toll them are substantive under the outcome-determination test. Applying a different federal approach would produce a result materially different from the one a state court would reach.
Supporting sources
Does the outcome-determination test require applying state discovery rules for limitations in diversity cases?+
Yes. A limitations rule is substantive precisely because it decides whether the plaintiff wins or loses. The federal court must follow the state discovery rule to ensure the outcome does not turn on the choice of forum.
Supporting sources
When does a federal court apply a state reliance-tolling rule triggered by settlement assurances?+
The court applies the state rule when the plaintiff filed after the general period expired but within the time permitted by the tolling provision. Ignoring the rule would produce a result materially different from the result in state court.
Supporting sources
567 U.S. 519 (2012)Constitutional Law
…bribes involving organizations receiving federal funds, Sabri v. United States , 541 U. S. 600, 602, 605 (2004); and tolling state statutes of limitations while cases are pending in federal court, Jinks v. Richland County , 538 U. S. 456, 459, 462 (2003). The individual mandate, by contrast, vests Congress with…
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