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· 8/2/1990

Jewell M. Hart v. The United States

Citations

  • 910 F.2d 815
  • 1990 U.S. App. LEXIS 13086
  • 1990 WL 108363

How courts have described this case

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

  • holding claim to survivor benefits accrues upon service member’s death, rather than each month benefits are due
  • stating that a claim accrues “when all the events have occurred which fix the liability of the Government and entitle the claimant to institute an action”
  • “Because all events necessary to her benefits claim had occurred when her husband died, we conclude that plaintiffs claim for ... annuity benefits is not a ‘continuing’ claim.”
  • “The statute of limitations is jurisdictional in nature and, as an express limitation on the waiver of sovereign immunity, may not be waived.”
  • “Courts are not free to engraft exceptions on the statute of limitations. Should Congress so desire, it may lengthen the time for bringing suit against the government.”
  • death of widow's husband was single event necessary to fix liability of the government for husband's military annuity benefits paid in monthly installments after his death and therefore not a continuing claim

Source: CourtListener parenthetical corpus (CC0).

Judges: Markey, Skelton, Duplantier

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.