Legal Opinion

Lillian Knapp, Personal Representative of the Estate of Julius J. Knapp, Deceased v. United States

Court of Appeals for the Sixth Circuit

Decided July 14, 1988No. 87-1143PublishedCited by 28 opinions

1Opinion of the Court

LIVELY, Chief Judge.

This is a Federal Tort Claims Act (FTCA) case in which the district court concluded that it lacked jurisdiction because the plaintiff had failed to file a proper administrative claim with the Veterans Administration (VA) before the statute of limitations had expired. The effect of its holding was to treat non-statutory requirements found in Department of Justice regulations as establishing jurisdictional prerequisites for a federal court action. Since the regulations that pertain to filing administrative claims are not jurisdictional, we reverse.

I

A

Julius J. Knapp died on…

2Cases cited10 opinions

  1. Gaf Corporation v. United States of America. Keene Corporation v. United States of America. Eagle-Picher Industries, Inc. v. United StatesCourt of Appeals for the D.C. Circuit · 1987
  2. Gary L. Adams v. United StatesCourt of Appeals for the Fifth Circuit · 1980
  3. Lunsford v. United StatesCourt of Appeals for the Eighth Circuit · 1977
  4. Mary E. Tucker v. United States Postal ServiceCourt of Appeals for the Third Circuit · 1982
  5. Willard D. Douglas and Violet A. Douglas v. United StatesCourt of Appeals for the Sixth Circuit · 1981

5 more not listed; retrieve them via the Exa API.

3Cited by28 opinions

  1. Mader v. United StatesCourt of Appeals for the Eighth Circuit · 2011
  2. Estate of Eleusipa Van Emburgh v. United StatesCourt of Appeals for the Fourth Circuit · 2024
  3. Thurman Conn v. United StatesCourt of Appeals for the Sixth Circuit · 1989
  4. Loughlin v. United StatesDistrict Court, District of Columbia · 2002
  5. Wozniak v. United StatesDistrict Court, D. Massachusetts · 1988

23 more not listed; retrieve them via the Exa API.

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