Lamar v. Brevetti

How courts have described this case

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

• explaining that an FTCA “claim is timely only if it has been: (1) submitted to the appropriate federal agency within two years of accrual and (2) filed in federal court within six months of the agency’s final denial”
• stating a plaintiff 11 ||}bears burden of proving entitlement to equitable tolling of FTCA claim
• finding amendment to the first claim must be filed before the agency’s final decision and filing a lawsuit or request for reconsideration must be done within six-months after the agency mailed its final decision
• dismissal for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6)
• “[I]f claimants could make successive filings regarding the same claim, and each filing required the agency to make a successive denial that restarted the statute of limitations on that claim, the six-month limitations period would effectively be read out of the statute.”
• applying the equitable tolling doctrine to an FTCA claim

Source: CourtListener parenthetical corpus (CC0).