· 1/7/2015
Norman Shelton v. Bryan Bledsoe
Citations
- 775 F.3d 554
- 90 Fed. R. Serv. 3d 677
- 2015 WL 74192
- 2015 U.S. App. LEXIS 253
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- ruling that “ascertainability is not a requirement for class certification of a (b)(2) class seeking only injunctive or declaratory relief”
- providing that a plaintiff’s “failure to exhaust [administrative remedies] deprive[s] the court of jurisdiction to hear [an FTCA] claim.”
- finding that the district court properly dismissed FTCA claim where the plaintiff filed federal action prior to exhausting administrative remedies
- explaining that district courts typically allow requests for further discovery “as a matter of course”
- stating that summary judgment may be granted if the nonmoving party did not file an adequate affidavit or declaration under Federal Rule of Civil Procedure 56(d)
- concluding that a declaration from agency counsel stating that his search of the administrative claims database showed that the plaintiff had not filed an administrative tort claim was sufficient to establish that the district court lacked jurisdiction due to the plaintiff’s failure to exhaust
Source: CourtListener parenthetical corpus (CC0).
Judges: McKee, Smith, Sloviter
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.