Roy E. Bowden v. United States

How courts have described this case

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

• holding that the plaintiff “bears the burden of pleading and proving facts supporting equitable avoidance of the defense”
• holding that the INS waived its defense of untimely exhaustion because it responded to the merits of the complaint without questioning its timeliness during the administrative process
• holding that the Restatement (Second) of Contracts is the source “from which [the court] would be inclined to fashion a federal common law rule since those principles represent the ‘prevailing view’ among the states”
• observing that “courts have excused parties, particularly those acting pro se, who make diligent but technically defective efforts to act within a limitations period”
• noting that courts have excused pro se parties “who make diligent but technically defective efforts to act within a limitations period.”
• stating that the defendant met his initial burden because “the pleadings and undisputed documents in the record” demonstrated that the plaintiff had not timely exhausted his remedies

Source: CourtListener parenthetical corpus (CC0).