Opinion

Coen v. Riverside Hospital

  • 2 F. App'x 449
Court
Court of Appeals for the Sixth Circuit
Filed
Jan 18, 2001
Status
Published
Author
Merritt
On the bench
Merritt
Cited by
4 cases

holding that the 90-day limitations period begins running on the fifth day following the EEOC’s mailing

How later courts described this case

  • holding that the 90-day limitations period begins running on the fifth day following the EEOC’s mailing

Written by the judges who cited it.

The opinion

MERRITT, Circuit Judge,

concurring.

While I agree that the district court correctly decided the merits of the plaintiffs claims, I am unable to concur with the majority’s holding on the question of the timeliness of the plaintiffs complaint. Although that issue was raised before the district court, it was not raised on appeal. I do not think it is possible to determine from the record enough of the facts relating to the plaintiffs receipt of her right-to-sue letter to enable this court to decide whether or not the doctrine of equitable tolling should apply. Therefore, I would limit our inquiry and I would affirm the district court’s order granting the defendant’s motion for summary judgment.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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