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