Skip to main content
· 5/2/2024

Dig Ssof Evanston Lender, LLC v. Su-Mei Yen

Citations

  • 2024 NY Slip Op 02367

How courts have described this case

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

  • holding that 9 because the FTCA is a waiver of the federal government’s sovereign immunity, the 10 exhaustion requirement must be interpreted strictly
  • holding that where exhaustion conditions are not satisfied, action may not proceed 6 “merely because dismissal would visit a harsh result upon the plaintiff.”
  • stating that “the exhaustion requirement [of 28 U.S.C. § 2675(a)] is jurisdictional in nature and must be interpreted strictly”
  • stating that “the exhaustion requirement [of 28 U.S.C. § 2675(a)] is jurisdictional in nature and must be interpreted strictly”
  • holding an FTCA claim jurisdictionally cannot survive in district court unless the administrative exhaustion requirement has been met, despite a potentially harsh result upon the plaintiff
  • holding “a court may not ‘proceed in the absence of 24 fulfillment of the [FTCA’s] conditions merely because dismissal would visit a harsh result upon 25 the plaintiff.’”

Source: CourtListener parenthetical corpus (CC0).

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.