Breck v. Stapleton

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that patient treated at Veteran’s Hospital who reasonably believed it to be federal rather than state facility and promptly filed federal claim did not sleep on rights and demonstrated extraordinary circumstances
• finding extraordinary circumstance where plaintiff was under the mistaken impression a veterans' residential care facility was operated by the federal government
• finding extraordinary circumstance where plaintiff was under the mistaken impression that a veterans' residential care facility was operated by the federal government
• finding extraordinary circumstance where plaintiff was under the mistaken impression that a veterans' residential care facility was operated by the federal government
• failing to adopt federal notice as a timely substitute for state-law notice, but noting that allowing substitute notice between state agencies counseled in favor of applying the extended one-year filing period pursuant to N.J.S.A. 59:8-9
• allowing late notice of malpractice claim “against the State” under New Jersey Tort Claims Act where plaintiff, mistakenly believing VMH was federal rather than a state facility, filed administrative claim with U.S. Department of Veterans Affairs under Federal Tort Claims Act

Source: CourtListener parenthetical corpus (CC0).