Ninth Circuit Holds Equitable Tolling and Equitable Estoppel Do Not Apply to Statute of Limitations in ERISA Case
In Serafin v. William C. Earhart Company Inc., et al., No. 20-35147, 2022 WL 2828223 (9th Cir. July 20, 2022) (Before: Schroeder, R. Nelson, and Vandyke, Circuit Judges), a short unpublished opinion, the court determined that the district court did not abuse its discretion in determining that equitable tolling and equitable estoppel did not apply to the applicable statutes of limitations barring Serafin’s (pro se) action. The district court rejected Serafin’s argument that his participation in settlement negotiations with defendants from 2009 to 2018 serves as a basis for equitably tolling the statute of limitations. The court also rejected his argument that the statute should be tolled because he is a Polish immigrant who speaks broken English.
*Please note that this blog is a summary of a reported legal decision and does not constitute legal advice. This blog has not been updated to note any subsequent change in status, including whether a decision is reconsidered or vacated. The case above was handled by other law firms, but if you have questions about how the developing law impacts your ERISA benefit claim, the attorneys at Roberts Disability Law, P.C. may be able to advise you so please contact us.
Post Author
Michelle L. Roberts
ERISA Litigation Attorney
Get The Help You Need Today
LEAVE YOUR MESSAGE
We know how to get your insurance claim paid. Call today at:
(510) 230-2090
Attorney Advertising. This information is designed for general information only. The information presented should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Past results and testimonials are not a guarantee, warranty, or prediction of the outcome of your case, and should not be construed as such. Past results cannot guarantee future performance. Any result in a single case is not meant to create an expectation of similar results in future matters because each case involves many different factors, therefore, results will differ on a case-by-case basis. By providing certain contact information herein, you are expressly authorizing the recipient of this message to contact you via the methods of communication provided.
NUVEW | Copyright 2024 All Rights Reserved | Accessibility Notice | Disclaimer | Privacy Policy | Cookie Policy