Legal Opinion
Clayton Avery, Jr. v. United States of America, Abel Rocha v. United States
Court of Appeals for the Ninth Circuit
Decided June 29, 1982No. 81-3119, 81-4073PublishedCited by 55 opinions
1Opinion of the Court
KENNEDY, Circuit Judge:
Suit against the Government under the Federal Tort Claims Act, June 25, 1948, ch. 646, as amended by Pub.L. 89-506, 80 Stat. 306 (1966), codified at 28 U.S.C. §§ 1346(b), 2671-80 (1976), is not permitted unless a claim has first been filed with the agency; suit may begin when the agency denies the claim or has failed to act upon it for six months. 28 U.S.C. § 2675(a). These two cases present the problem of how to implement this statute where the agency takes the position it cannot process a claim because of incomplete information. The Government urges adoption of the…
2Cases cited9 opinions
- Gary L. Adams v. United StatesCourt of Appeals for the Fifth Circuit · 1980
- Willard D. Douglas and Violet A. Douglas v. United StatesCourt of Appeals for the Sixth Circuit · 1981
- Gary L. Adams v. United StatesCourt of Appeals for the Fifth Circuit · 1980
- Everett Erxleben v. United StatesCourt of Appeals for the Seventh Circuit · 1981
- Avis E. Swift, Etc. v. United StatesCourt of Appeals for the First Circuit · 1980
4 more not listed; retrieve them via the Exa API.
3Cited by55 opinions
- Mader v. United StatesCourt of Appeals for the Eighth Circuit · 2011
- Clarissa Brady,plaintiff-Appellant v. United StatesCourt of Appeals for the Ninth Circuit · 2000
- Melissa Johnson, an Infant by Barbara Johnson, Her Mother and Natural Guardian and Barbara Johnson, Individually v. United StatesCourt of Appeals for the Second Circuit · 1986
- Collins v. United StatesCourt of Appeals for the Second Circuit · 2021
- Robert F. Burns v. United StatesCourt of Appeals for the Ninth Circuit · 1985
50 more not listed; retrieve them via the Exa API.