Legal Opinion

Dyniewicz v. United States

Court of Appeals for the Ninth Circuit

Decided September 7, 1984No. 83-2399PublishedCited by 77 opinions

1Opinion of the Court

KENNEDY, Circuit Judge:

Under the Federal Tort Claims Act a claim must be filed with the appropriate federal agency within two years of its accrual and suit must be commenced within six months of the agency’s denial of the claim. 28 U.S.C. § 2401(b). At issue here is the procedure necessary for an agency to deny a claim and whether this particular action is time barred if the agency followed improper procedures. The district court dismissed the action after finding the claim was properly denied and that filing was not made six months thereafter. We too conclude the action must be dismissed,…

2Cases cited12 opinions

  1. Dandridge v. WilliamsSupreme Court of the United States · 1970
  2. Jaffke v. DunhamSupreme Court of the United States · 1957
  3. Stephen Borzeka v. Margaret O. Heckler, Secretary of Health and Human ServicesCourt of Appeals for the Ninth Circuit · 1984
  4. Glynn Richard Davis v. United StatesCourt of Appeals for the Ninth Circuit · 1981
  5. Jack Steele v. United StatesCourt of Appeals for the Seventh Circuit · 1979

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

3Cited by77 opinions

  1. Gibson v. United StatesCourt of Appeals for the Ninth Circuit · 1986
  2. Mildred Jerves v. United StatesCourt of Appeals for the Ninth Circuit · 1992
  3. Victoria Rosales Jesus Rosales Rebecca Rosales v. United StatesCourt of Appeals for the Ninth Circuit · 1987
  4. Felisa Tunac v. United StatesCourt of Appeals for the Ninth Circuit · 2018
  5. Zeleznik v. United StatesCourt of Appeals for the Third Circuit · 1985

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

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