Legal Opinion
In Re Swine Flu Immunization Products Liability Litigation. Linda Kenneda v. United States
Court of Appeals for the D.C. Circuit
Decided August 8, 1989No. 88-5100PublishedCited by 96 opinions
1Opinion of the Court
Opinion for the Court filed by Circuit Judge D.H. GINSBURG.
D.H. GINSBURG, Circuit Judge:
The district court dismissed plaintiff Linda Sue Kenneda’s Federal Tort Claims Act complaint on the ground that she had not filed her administrative claim within two years from the time her cause of action accrued, as required by the Act, 28 U.S.C. § 2401(b). The district court rejected plaintiffs argument that the “discovery rule” operated to preserve her claim, because “plaintiff was fully aware of serious injury following a Swine Flu inoculation but failed to file a complaint because the precise nature…
2Cases cited12 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Conley v. GibsonSupreme Court of the United States · 1957
- John D. Williamson, Plaintiffs-Appellants-Cross v. Gordon G. Tucker, Defendants-Appellees-CrossCourt of Appeals for the Fifth Circuit · 1981
- Costello v. United StatesSupreme Court of the United States · 1961
- Fed. Sec. L. Rep. P 95,614 the Exchange National Bank of Chicago v. Touche Ross & Co.Court of Appeals for the Second Circuit · 1976
7 more not listed; retrieve them via the Exa API.
3Cited by96 opinions
- Victor Herbert v. National Academy of SciencesCourt of Appeals for the D.C. Circuit · 1992
- Joseph Osborn and Pamela Osborn, Individually and as Father and Mother and Guardians Ad Litem of Shawna Osborn v. United StatesCourt of Appeals for the Eighth Circuit · 1990
- The Ohio National Life Insurance Company v. United StatesCourt of Appeals for the Sixth Circuit · 1990
- Riley v. PresnellMassachusetts Supreme Judicial Court · 1991
- Jacobsen v. OliverDistrict Court, District of Columbia · 2002
91 more not listed; retrieve them via the Exa API.