Equity: Equitable Tolling

Weidow v. Uninsured Employers' Fund, 2010 MT 292 This Court erred in concluding that it lacks jurisdiction to toll the procedural time bar in § 39-71-520(2), MCA.  The cases upon which the Court relied were overruled by implication in Davis v. State, 2008 MT 226, 344 Mont. 300, 187 P.3d 654.  Equitable principles can apply to toll procedural filing deadlines during the administrative processing of claims.

Weidow v. Uninsured Employers' Fund, 2010 MT 292 Equitable principles can apply to toll procedural filing deadlines during the administrative processing of claims. The Montana Supreme Court has applied the doctrine of equitable tolling to statutes of limitations, including in cases where a plaintiff reasonably relied on a previous ruling of the Court which had been superseded by legislation, and where a claimant initially filed a complaint in the wrong court.