TRAVEL & LEISURE CASES
U.S. 11th Circuit, April 01, 2008
Booth v. Carnival Corp. , No. 07-10689
In a wrongful death action filed in state court before the lapse of a one-year contractual limitation period, denial of defendant's motion to dismiss premised on equitable tolling of a parallel federal action during the pendency of the state suit is affirmed where: 1) plaintiff filed his wrongful death claim in a state court that possessed subject matter jurisdiction concurrently with the federal courts; 2) the state suit was dismissed solely on grounds of improper venue; and 3) plaintiff's filing and diligent prosecution of his state court suit was sufficient to equitably toll his contractual limitation period.
Read more...
