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ARTICLE · 13 OCTOBER 2015

Procedural Rulings From Supreme Court's 2014-2015 Term

The Supreme Court held that Federal Tort Claims Act time limits are subject to equitable tolling.

United StatesLitigation, Mediation & Arbitration

Although blockbuster rulings on the Affordable Care Act and same-sex marriage garnered the limelight in the U.S. Supreme Court's 2014-2015 term, the Supreme Court also addressed some more mundane procedural issues. Here are several opinions of interest to federal court practitioners.

Federal Tort Claim Act time limits are subject to equitable tolling. United States v. Wong, 135 S.Ct. 1625 (2014).

The Federal Tort Claims Act provides that a tort claim against the United States "shall be forever barred” unless the claimant meets two deadlines. First, a claim must be presented to the appropriate federal agency for administrative review "within two years after [the] claim accrues.” Second, if the agency denies the claim, the claimant must file suit in federal court "within six months” of the agency's denial. In this case, the claimant missed the filing deadline, but requested equitable tolling because she had a good reason for filing late. The district court dismissed

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