Legal Opinion

Flores v. United States

Court of Appeals for the Second Circuit

Decided March 15, 2018No. Docket No. 16-3981PublishedCited by 79 opinions

1Per curiam

This appeal calls on us principally to decide whether claims brought under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. §§ 1346(b), 2671 - 2680, were timely filed in federal district court. We conclude that the district court committed no error in finding that the claims were filed outside of the statute's two-year statute of limitations and were not saved by the continuing violation doctrine or equitable tolling. We accordingly AFFIRM the judgment below.

Plaintiff-Appellant Eduardo Flores, a native of Ecuador, legally entered the United States in 1978 but overstayed his visa. He…

2Cases cited4 opinions

  1. Terry v. AshcroftCourt of Appeals for the Second Circuit · 2003
  2. Cornwell v. RobinsonCourt of Appeals for the Second Circuit · 1994
  3. Spak v. PhillipsCourt of Appeals for the Second Circuit · 2017
  4. Syms v. Olin Corp.Court of Appeals for the Second Circuit · 2005

3Cited by79 opinions

  1. Fixed Income Shares: Series M v. Citibank N.A.District Court, S.D. Illinois · 2018
  2. Alvarado v. GC Dealer Services Inc.District Court, E.D. New York · 2021
  3. Arazi v. Cohen Brothers Realty CorporationDistrict Court, S.D. New York · 2022
  4. Athayde v. Dogpound Fitness, Inc.District Court, S.D. New York · 2024
  5. Atlantic Casualty Insurance Company v. DTM Carpentry Corp.District Court, E.D. New York · 2020

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