equitably toll

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?

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