Legal Opinion

Lien v. Beehner

District Court, N.D. New York

Decided July 7, 1978No. 76-CV-390PublishedCited by 31 opinions

1Opinion of the Court

MEMORANDUM — DECISION AND ORDER

MUNSON, District Judge.

This medical malpractice case fairly illustrates the pitfalls often encountered by unwary private litigants suing government employees. The defendants in this case have moved for a dismissal of the Complaint, based upon plaintiff’s failure to abide by the jurisdictional terms of the Federal Tort Claims Act, which requires, as a prerequisite to commencement of a civil action, the filing of a written claim with the appropriate federal agency within two years of accrual of the cause of action. 28 U.S.C. §§ 2401(b), 2675. The plaintiff has…

2Cases cited14 opinions

  1. Lizzie Ethel Kielwien v. United StatesCourt of Appeals for the Fourth Circuit · 1976
  2. Best Bearings Co., an Illinois Corporation v. United StatesCourt of Appeals for the Seventh Circuit · 1972
  3. Christine Roth Melo v. United StatesCourt of Appeals for the Eighth Circuit · 1974
  4. Clare Dodge Childers v. United StatesCourt of Appeals for the Fifth Circuit · 1971
  5. Helen D. Kelley and John E. Kelley v. United States of America, Ruth SemkoCourt of Appeals for the Second Circuit · 1978

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

3Cited by31 opinions

  1. William Hohri v. United StatesCourt of Appeals for the D.C. Circuit · 1986
  2. Barrett v. United StatesCourt of Appeals for the Second Circuit · 1982
  3. Anna Mae R. Henderson v. United States of America, Anne Marie Henderson, by Her Guardian Ad Litem, Anna Marie R. Henderson v. United StatesCourt of Appeals for the Fourth Circuit · 1986
  4. David M. Wollman v. Jake Gross, Jr.Court of Appeals for the Eighth Circuit · 1980
  5. Jack Steele v. United StatesCourt of Appeals for the Seventh Circuit · 1979

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

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