Legal Opinion
Pascale v. United States
Court of Appeals for the Third Circuit
Decided July 8, 1993No. 92-5563PublishedCited by 18 opinions
1Opinion of the Court
OPINION OF THE COURT
SLOVITER, Chief Judge.
This case requires us to consider the interaction of the two statutory provisions governing timely filing of claims under the Federal Tort Claims Act: 28 U.S.C. § 2401(b) (1988), which requires a claimant to file suit within six months of the agency’s final denial of the claim, and 28 U.S.C. § 2675(a) (1988), which authorizes a claimant to treat inaction by the agency for six months as a final denial. We conclude that the district court erred by collapsing the two provisions, and we will vacate *187the dismissal of plaintiffs suit as time-barred and…
2Cases cited19 opinions
- Irwin v. Department of Veterans AffairsSupreme Court of the United States · 1991
- Feres v. United StatesSupreme Court of the United States · 1950
- Leonhard v. United StatesCourt of Appeals for the Second Circuit · 1980
- Stanley Bialowas, Jr. v. United StatesCourt of Appeals for the Third Circuit · 1971
- Green, Francis v. Humphrey Elevator and Truck Company and Maintenance CompanyCourt of Appeals for the Third Circuit · 1987
14 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Barnes v. United StatesCourt of Appeals for the Tenth Circuit · 2015
- Estate of Barrett Ex Rel. Estate of Barrett v. United StatesCourt of Appeals for the First Circuit · 2006
- Sharon A. Reo v. United States Postal Service United States of America Patricia D'esposito. United States of America, Defendant/third-Party v. Joseph J. Reo, Jr. Marjorie Reo Third-Party v. State Farm Insurance Company, Fourth-Party Sharon ReoCourt of Appeals for the Third Circuit · 1996
- Ellison v. United StatesCourt of Appeals for the Sixth Circuit · 2008
- Martinez v. United States Post OfficeDistrict Court, D. New Jersey · 1995
13 more not listed; retrieve them via the Exa API.