Jonathan New, Marco Molina Article Discusses Rebuffs to Government Tolling Arguments

Articles / March 20, 2017

Partner Jonathan New and Associate Marco Molina authored an article published in the March 2017 issue of Business Crimes Bulletin, Law Journal Newsletters. The article, “The Clock is Ticking,” focuses on whether the government can toll the limitations period for civil enforcement actions. New and Molina note that recent case law limited the government’s historical use of tolling doctrines in civil enforcement actions, finding two of these doctrines to either be misplaced in the civil enforcement context or contrary to the statutory text and legislative history of the relevant statute that sets for the limitations period.

New and Molina write that these rulings recognize that “Government should be held to a higher standard than private plaintiffs when it comes to bringing a timely civil action” because its agencies enjoy many advantages over private litigants, which cut against the equitable argument that the government should have its limitations period extended. For this reason, New and Molina analyze whether these recent rulings spell the end of the government’s use of equitable tolling doctrines in civil enforcement actions.

Read the article (registration required).