Legal Opinion
U.S.A. ex rel. Liberty Mechanical Services, Inc. v. North American Specialty Insurance
District Court, E.D. Pennsylvania
Decided February 21, 2014No. Civil Action No. 13-4171PublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM
RESTREPO, District Judge.
On July 17, 2013, Liberty Mechanical Services, Inc. (“Liberty”) filed this Miller Act suit against North American Specialty Insurance Company (“NASIC”). NASIC *612moves to dismiss the action as untimely filed.
Liberty acknowledges its late filing, but argues that the motion should be denied on equitable tolling grounds. NASIC counters that pursuant to U.S. for Use of Soda v. Montgomery, 253 F.2d 509, 510 (3d Cir.1958), the Miller Act time limit is jurisdictional, and thus, equitable tolling is not permitted. As explained below, pursuant to intervening Supreme…
2Cases cited52 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Steel Co. v. Citizens for a Better EnvironmentSupreme Court of the United States · 1998
- Phillips v. County of AlleghenyCourt of Appeals for the Third Circuit · 2008
- Arbaugh v. Y & H Corp.Supreme Court of the United States · 2006
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3Cited by4 opinions
- Green v. GarlandDistrict Court, D. South Carolina · 2022
- Stacy Sellers v. Daikin Applied Americas, Inc.District Court, S.D. Georgia · 2025
- THE CHOWNS GROUP, LLC v. LIBERTY MUTUAL INSURANCE COMPANYDistrict Court, E.D. Pennsylvania · 2022
- Techniquex Specialty Flooring, Inc. v. Philadelphia Idemnity Insurance CompanyDistrict Court, M.D. Pennsylvania · 2022