Legal Opinion
Melvin Kanar v. United States
Court of Appeals for the Seventh Circuit
Decided July 23, 1997No. 96-3621PublishedCited by 69 opinions
1Opinion of the Court
EASTERBROOK, Circuit Judge.
No one may file suit under the Federal Tort Claims Act without first making an administrative claim. 28 U.S.C. § 2675(a); McNeil v. United States, 508 U.S. 106, 113 S.Ct. 1980, 124 L.Ed.2d 21 (1993). “A tort claim against the United States shall be forever barred unless it is presented to the appropriate Federal agency within two years after such claim accrues”. 28 U.S.C. § 2401(b). But what is a “claim”? The statute does not say—and although it authorizes the Attorney General to promulgate regulations that agencies must follow when they “consider, ascertain,…
2Cases cited27 opinions
- McNeil v. United StatesSupreme Court of the United States · 1993
- Bell v. HoodSupreme Court of the United States · 1946
- Cooter & Gell v. Hartmarx Corp.Supreme Court of the United States · 1990
- United States v. TestanSupreme Court of the United States · 1976
- Irwin v. Department of Veterans AffairsSupreme Court of the United States · 1991
22 more not listed; retrieve them via the Exa API.
3Cited by69 opinions
- Mader v. United StatesCourt of Appeals for the Eighth Circuit · 2011
- John Keith Blakely and John Emmett Long v. United States of AmericaCourt of Appeals for the Sixth Circuit · 2002
- Smoke Shop, LLC v. United StatesCourt of Appeals for the Seventh Circuit · 2014
- Ross Hugi v. United StatesCourt of Appeals for the Seventh Circuit · 1999
- United States v. John T. MartinCourt of Appeals for the Seventh Circuit · 1998
64 more not listed; retrieve them via the Exa API.