An attorney failed to file his client's EEO case within the 90-day required period. The attorney alleges that he simply miss counted the days. Is there any case law (equitably toll) available that would support an attorney's failure for filing a client's EEO case one day late? Also, if there were no law cases that would support this attorney (Brown v Steele - oh, I need this case# and how/where to retrieve it), what would be reasonable damages the client could seek against his attorney?
Is there any case law (equitably toll) available that would support an attorney's failure for filing a client EEO case one day late?