· 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).
Sourced from CourtListener / Free Law Project (CC0).
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