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· 8/30/1988

Hopland Band of Pomo Indians v. The United States

Citations

  • 855 F.2d 1573
  • 1988 U.S. App. LEXIS 11845
  • 1988 WL 89589

How courts have described this case

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

  • noting that a claim does not accrue unless the \plaintiff was or should have been aware of\ the facts that fix the government's liability
  • holding statute of limitations on breach of trust claims accrued at the latest when federal government terminated federal trust relationship over the band
  • observing that the six-year limitations period “is a jurisdictional requirement attached by Congress as a condition of the government’s waiver of sovereign immunity and, as such, must be strictly construed”
  • “The 6-year statute of limitations on actions against the United States is a jurisdictional requirement attached by Congress as a condition of the government’s waiver of sovereign immunity and, as such, must be strictly construed.”
  • “[T]he statute of limitations can be tolled where the government fraudulently or deliberately conceals material facts relevant to a plaintiff’s claim so that the plaintiff was unaware of their existence and could not have discovered the basis of his claim.”
  • drawing distinction between tolling of accrual and tolling the statute

Source: CourtListener parenthetical corpus (CC0).

Judges: Markey, Rich, Michel

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.