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Tolling Agreement Law

Customer consent is obviously required and involves business considerations as well as process strategy. For example, customers who deal with a co-accused may agree to enter into a toll agreement because they do not want to sue a business partner, but they want to preserve their rights. Conversely, some parties may never want to bring an action against someone with whom they are in business. In addition, some customers who do not appear to share much responsibility in a particular case may wish to actively pursue legal action against the affected party. If your client has insurance, you should also work with the insurance body to ensure that the agreement does not negatively impact your client`s coverage or conflict with any of the obligations of the insurance policy. On the other hand, in a dispute, this “discovery phase” can be costly, frustrating and time-consuming. Thus, a toll agreement may offer a potential plaintiff the opportunity to both save money and obtain more information from the defendant than they would otherwise be willing to offer. A toll agreement sets a deadline for the parties to negotiate before a plaintiff has to take legal action to enforce legal rights. As a rule, no party wants to spend energy and money to prove their case in court. Thus, an agreement on tolls pushes the parties to compromise their positions and reach an agreement. This implicit threat of litigation, if negotiations fail, puts both sides under pressure to settle the dispute.

So, if you think you might soon be a party to a lawsuit, you should consider buying some time with a toll deal. You get some of the benefits of a process strategy without any cost. You are undoubtedly starting to see how it happened. The parties continued to extend the toll agreement until the grievor finally filed a complaint on April 13, 2018 in the Northern District of California. Was the complaint time-barred? The answer was clearly yes, because when the applicant became a party to the toll agreement, her complaint was already inoperative. .