P.A. v. California

How courts have described this case

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

• noting that the plaintiff bears the burden of establishing the existence of subject matter jurisdiction
• noting that the plaintiff must show he exhausted administrative remedies before filing suit
• “The United States, as sovereign, is immune from suit unless it waives immunity and consents to be sued.”
• “The Supreme Court has frequently held that waivers of sovereign immunity are to be strictly construed, in terms of their scope, in favor of the sovereign.”
• “A plaintiff satisfies the requirement when ‘a Federal agency receives from a claimant . . . an executed Standard Form 95 or other written notification of an incident.’”
• “[T]he mailbox rule is inapplicable to claims brought under the FTCA, and that therefore the mere mailing of a notice of claim does not satisfy the FTCA’s presentment requirement.”

Source: CourtListener parenthetical corpus (CC0).