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20-35147, 2022 WL 2828223 (9th Cir. July 20, 2022) (Before: Schroeder, R. Nelson, and Vandyke, Circuit Judges), a short unpublished opinion, the court determined that the district court did not abuse its discretion in determining that equitable tolling and equitable estoppel did not apply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.
LEAVE YOUR MESSAGE
We know how to get your insurance claim paid. Call today at: