Summary

Portrait of William Rehnquist William Rehnquist,  Irwin v. Department of Veterans Affairs…

“ Federal Rule of Civil Procedure 5 (b) also permits notice to a litigant to be made by delivery of papers to the litigant's attorney's office. The practical effect of a contrary rule would be to encourage factual disputes about when actual notice was received, and thereby create uncertainty in an area of the law where certainty is much to be desired.
The fact that petitioner did not strictly comply with § 2000e-16 (c) 's filing deadline does not, however, end our inquiry. Petitioner contends that even if he failed to timely file, his error may be excused under equitable tolling principles.
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Source: Wikisource

Portrait of William Rehnquist William Rehnquist,  Irwin v. Department of Veterans Affairs…

“ Congress, of course, may provide otherwise if it wishes to do so.
But an examination of the cases in which we have applied the equitable tolling doctrine as between private litigants affords petitioner little help. Federal courts have typically extended equitable relief only sparingly. We have allowed equitable tolling in situations where the claimant has actively pursued his judicial remedies by filing a defective pleading during the statutory period, [3] or where the complainant has been induced or tricked by his adversary's misconduct into allowing the filing deadline to pass.
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Source: Wikisource

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