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· 7/23/1997

Melvin Kanar v. United States

Citations

  • 118 F.3d 527
  • 1997 WL 358755

How courts have described this case

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

  • analogizing claim presentment under the FTCA to the formalities prescribed for tax refund claims where, once a taxpayer “activated the refund machinery,” he is “not defeated by foibles in the refund application”
  • discussing what is required under the Federal Tort Claims Act to present a claim
  • attorney’s failure to comply with the agency’s request that he provide proof of his capacity to represent the claimant hindered the settlement process and barred the claimant’s FTCA suit
  • “No one may file suit under the Federal Tort Claims Act without first making an administrative claim.”
  • “[W]e treat ‘claim’ as a statutory term that needs a definition, and we see no reason why that definition may not come from a regulation issued under statutory authority.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Posner, Easterbrook, Manion

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.