Legal Opinion
Marley v. United States
Court of Appeals for the Ninth Circuit
Decided December 8, 2008No. 06-36003PublishedCited by 21 opinions
1Opinion of the Court
GRABER, Circuit Judge:
We must decide whether the statute of limitations in § 2401(b) of the Federal Tort Claims Act (“FTCA”), 28 U.S.C. § 2401(b), is jurisdictional and, in turn, whether courts can employ the doctrines of equitable estoppel or equitable tolling to extend the limitations period. We hold that the statute of limitations in 28 U.S.C. § 2401(b) is jurisdictional and, consequently,' that equitable doctrines that otherwise could excuse a claimant’s untimely filing do not apply. Accordingly, we affirm the district court’s judgment, which dismissed this action.
FACTUAL AND PROCEDURAL…
2Cases cited22 opinions
- Irwin v. Department of Veterans AffairsSupreme Court of the United States · 1991
- Russello v. United StatesSupreme Court of the United States · 1983
- United States v. KubrickSupreme Court of the United States · 1979
- Sinochem International Co. v. Malaysia International Shipping Corp.Supreme Court of the United States · 2007
- Miller v. GammieCourt of Appeals for the Ninth Circuit · 2003
17 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Santos Ex Rel. Beato v. United StatesCourt of Appeals for the Third Circuit · 2009
- Mangum v. Action Collection Service, Inc.Court of Appeals for the Ninth Circuit · 2009
- Marley v. United StatesCourt of Appeals for the Ninth Circuit · 2009
- Northstar Financial Advisors, Inc. v. Schwab InvestmentsDistrict Court, N.D. California · 2009
- Coal River Energy, LLC v. United States Department of InteriorDistrict Court, District of Columbia · 2013
16 more not listed; retrieve them via the Exa API.