· 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 CourtListenerSourced 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.