Legal Opinion
United States v. Kubrick
Supreme Court of the United States
Decided November 28, 1979No. 78-1014PublishedCited by 2,410 opinions
1Opinion of the CourtJustice White
Under the Federal Tort Claims Act (Act),1 28 U. S. C. § 2401 (b), a tort claim against the United States is barred unless it is presented in writing to the appropriate federal agency “within two years after such claim accrues." The issue in this case is whether the claim “accrues" within the meaning of the Act when the plaintiff knows both the existence and the cause of his injury or at a later time when he also knows that the acts inflicting the injury may constitute medical malpractice.
I
Respondent Kubrick, a veteran, was admitted to the Veterans’ Administration (VA) hospital in…
2Cases cited25 opinions
- United States v. MarionSupreme Court of the United States · 1971
- Urie v. ThompsonSupreme Court of the United States · 1949
- Indian Towing Co. v. United StatesSupreme Court of the United States · 1955
- Burnett v. New York Central RailroadSupreme Court of the United States · 1965
- Order of Railroad Telegraphers v. Railway Express Agency, Inc.Supreme Court of the United States · 1944
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3Cited by2,410 opinions
- McNeil v. United StatesSupreme Court of the United States · 1993
- Bowen v. City of New YorkSupreme Court of the United States · 1986
- Lawrence H. Ramming v. United States of America, John Thomas Cloud v. United StatesCourt of Appeals for the Fifth Circuit · 2001
- TRW Inc. v. AndrewsSupreme Court of the United States · 2001
- Piotrowski v. City of HoustonCourt of Appeals for the Fifth Circuit · 2001
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