Legal Opinion

Hensley v. United States

Court of Appeals for the Ninth Circuit

Decided July 9, 2008No. 06-35619PublishedCited by 52 opinions

1Opinion of the Court

GRABER, Circuit Judge:

In this negligence action arising from a car accident, we are called upon to decide when the plaintiffs’ claim accrued for purposes of measuring the two-year statute of limitations under the Federal Tort Claims Act (“FTCA”), 28 U.S.C. §§ 1346(b), 2401, 2671-2680. As required by binding precedent, we hold that the claim accrued at the time of the collision and not later when the Attorney General certified that the driver of the other vehicle was acting within the scope of his federal employment at the time of the collision. Accordingly, we reverse the judgment in favor of…

2Cases cited11 opinions

  1. Irwin v. Department of Veterans AffairsSupreme Court of the United States · 1991
  2. United States v. KubrickSupreme Court of the United States · 1979
  3. Oscar Socop-Gonzalez v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 2001
  4. Gibson v. United StatesCourt of Appeals for the Ninth Circuit · 1986
  5. James F. Santa Maria v. Pacific BellCourt of Appeals for the Ninth Circuit · 2000

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3Cited by52 opinions

  1. Russell Johnson, Iii v. Lucent Technologies Inc.Court of Appeals for the Ninth Circuit · 2011
  2. Gabriela Arteaga v. United StatesCourt of Appeals for the Seventh Circuit · 2013
  3. Blake J. v. State of Alaska, Department of Health & Social Services, Office of Children's Services Philip Kaufman John Does 1-10 and Alexa J.Alaska Supreme Court · 2024
  4. Marley v. United StatesCourt of Appeals for the Ninth Circuit · 2009
  5. Michael Redlin v. United StatesCourt of Appeals for the Ninth Circuit · 2019

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