Legal Opinion

Richard Allgeier, Maria D. Boldrick, Intervening v. United States

Court of Appeals for the Sixth Circuit

Decided July 20, 1990No. 88-5856PublishedCited by 149 opinions

1Opinion of the Court

ENGEL, Senior Circuit Judge.. We face three principal issues in this appeal of a post-trial judgment awarding damages against the United States on two related claims under the Federal Torts Claims Act (FTCA), 28 U.S.C. § 2671 el seq. First, the government claims that plaintiff Richard Allgeier’s amended complaint, which correctly named the United States as the sole defendant but only after the FTCA statute of limitations expired, did not secure federal jurisdiction over his claim by relating back to the original timely but misdirected complaint under Fed.R.Civ.P. 15(c). Second, the government…

2Cases cited31 opinions

  1. United States v. KubrickSupreme Court of the United States · 1979
  2. Schiavone v. FortuneSupreme Court of the United States · 1986
  3. Rascon v. HardimanCourt of Appeals for the Seventh Circuit · 1986
  4. Marlowe v. Fisher BodyCourt of Appeals for the Sixth Circuit · 1973
  5. Myers & Myers, Inc. v. United States Postal ServiceCourt of Appeals for the Second Circuit · 1975

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3Cited by149 opinions

  1. Oxendine v. KaplanCourt of Appeals for the Tenth Circuit · 2001
  2. Good v. Ohio Edison Co.Court of Appeals for the Sixth Circuit · 1998
  3. Roman v. TownsendCourt of Appeals for the First Circuit · 2000
  4. Zabin v. PicciottoMassachusetts Appeals Court · 2008
  5. Robert D. Cook v. American Steamship CompanyCourt of Appeals for the Sixth Circuit · 1995

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

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