equitable tolling

(LIIBULLETIN preview)

China Agritech, Inc. (“China Agritech”) is a Delaware-incorporated holding company with its principal place of business located in Beijing, China. Resh v. China Agritech, Inc., 857 F.3d 994, 996. China Agritech claims to sell organic fertilizers and...

(LIIBULLETIN preview)

Petitioner David Henderson is a Korean War veteran who was discharged from active duty in 1952 due to paranoid schizophrenia. See Henderson v. Shinseki, 589 F.3d 1201, 1203 (Fed. Cir. 2009). In 2001, Henderson applied pro se...

(LIIBULLETIN preview (pre-2014))

Oral argument: Dec. 6, 2010

Appealed from: United States Court of Appeals for the Federal Circuit (Dec. 17, 2009)

VETERANS AFFAIRS, DISABILITY BENEFITS, EQUITABLE TOLLING

David Henderson, a veteran of...

(LIIBULLETIN preview)

In 1996, a Florida state court convicted Albert Holland of first-degree murder, attempted first-degree murder, attempted sexual battery, and armed robbery, and subsequently sentenced Holland to death. See Holland v. Florida, 539 F.3d 1334,...

(LIIBULLETIN preview (pre-2014))
Facts

Diana Alvarez (“Alvarez”) and Manuel Lozano (“Lozano”) met in London in 2004 and began dating. See Lozano v. Alvarez, 697 F.3d 41, 45. Although they never married, the couple had a child in October 2005. See id.at 46. Alvarez and Lozano have...

(LIIBULLETIN preview)

The United States ordered removal of Noel Reyes Mata, a native and citizen of Mexico, from the county in 2010. See Mata v. Holder, 558 F. App'x 366, 367 (5th Cir. 2014). Mata filed a timely petition for appeal of his order of removal with the Board of...

(LIIBULLETIN preview (pre-2014))
[Questions Presented] [Issues] [Facts] [Discussion] [Analysis] Issue(s)

Does the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”) implicitly contain an actual-innocence exception (1) to the requirement that petitioners show that an...

(LIIBULLETIN preview)

Petitioner Kevin Rotkiske accrued credit card debt between 2003 and 2005. Rotkiske v. Klemm, at 424. The credit card issuer then appointed the law firm Klemm & Associates, managed by Respondent Paul Klemm, to collect Rotkiske’s debt. Id. Klemm...

(LIIBULLETIN preview (pre-2014))
Issue

Is a claimant who filed a petition under the National Childhood Vaccine Injury Act of 1986 eligible to receive an award of reasonable attorneys’ fees and costs in connection with her lawsuit, given that the statute provides for...

(LIIBULLETIN preview (pre-2014))
[Question(s) presented][Issue(s)][Facts][Discussion][Analysis] Issue

May a hospital challenge a reimbursement payment outside of the legal filing deadline because of fairness concerns? 

top

Facts

In...

(LIIBULLETIN preview)

The Respondent in this case is Marlene June. See Brief for Petitioner, the United States of America, at II. She brought suit on behalf of her grandchild, the surviving child of her deceased son Andrew Edward Booth. See id. In February of 2005, Booth...

(LIIBULLETIN preview)

In 1985, Respondent Kwai Fun Wong, a Hong Kong citizen, lawfully entered the United States and, as a Tao minister, soon became a leader within the Wu-Wei Tien Tao Association (“Tien Tao”), a religious organization. See Kwai Fun Wong v. United States,...