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Home > Blog > Blog > Ninth Circuit Holds Equitable Tolling and Equitable Estoppel Do Not Apply to Statute of Limitations in ERISA Case

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20-35147, 2022 WL 2828223 (9th Cir. July 20, 2022) (Before: Schroeder, R. Nelson, and Vandyke, Circuit Judges), a short unpublished opinion, the court determined that the district court did not abuse its discretion in determining that equitable tolling and equitable estoppel did not apply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.

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