Defenses and Affirmative Defenses
Procedural Defenses
Tolling suspends the limitations clock for reasons including minority, incapacity, defendant absence from the jurisdiction, fraudulent concealment, pending class actions, and agreement of the parties.
Grounds and effects vary substantially by jurisdiction.
Alternative Names:
Tolling of Limitations, Suspension of Limitations
Why it Matters?
Minority tolling produces the longest extensions and is the ground most often overlooked in evaluating whether a claim is time-barred, since a claim arising when the plaintiff was young may remain viable for many years past the nominal period. Class action tolling under American Pipe is separately significant in mass claims, suspending limitations for absent members during a pending class action. Checking each ground rather than computing from accrual alone is the analysis.
Frequently Confused with
Related terms
Frequently asked questions
Which tolling ground is most often overlooked?
What is class action tolling?
