Legal Opinion

Evelyn A. Poindexter v. United States of America, Jon F. Goulding v. United States

Court of Appeals for the Ninth Circuit

Decided June 29, 1981No. 79-3447, 80-5427PublishedCited by 19 opinions

1Opinion of the Court

SKOPIL, Circuit Judge:

INTRODUCTION

These two cases involve appeals from judgments in favor of the Government under the Federal Tort Claims Act (FTCA). In each case an administrative claim was filed more than one year but less than two years after the injury. The district court held in each case that the claim was barred by Ariz.Rev.Stat. § 23-1023 B, which precludes an injured worker who receives worker’s compensation benefits from filing a suit against the tortfeasor more than one year after the injury. 1 We reverse. The two-year federal statute of limitations governs, and the claims were…

2Cases cited13 opinions

  1. Hanna v. PlumerSupreme Court of the United States · 1965
  2. United States v. KubrickSupreme Court of the United States · 1979
  3. Richards v. United StatesSupreme Court of the United States · 1962
  4. Maryland Ex Rel. Burkhardt v. United StatesCourt of Appeals for the Fourth Circuit · 1947
  5. John M. Kossick v. United StatesCourt of Appeals for the Second Circuit · 1964

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3Cited by19 opinions

  1. United States v. Park Place Associates, Ltd.Court of Appeals for the Ninth Circuit · 2009
  2. In Re Swine Flu Products Liability Litigation.Court of Appeals for the Ninth Circuit · 1985
  3. Anthony Booth v. United StatesCourt of Appeals for the Ninth Circuit · 2019
  4. Bette Bennett v. United StatesCourt of Appeals for the Ninth Circuit · 2022
  5. Wyatt v. Syrian Arab RepublicDistrict Court, District of Columbia · 2005

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

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