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United States v. Wong

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Docket No. Op. Below Argument Opinion Vote Author Term
13-1074 9th Cir. Dec 10, 2014 Apr 22, 2015 5-4 Kagan OT 2014

Holding: The time limits of the Federal Tort Claims Act, which provides that a tort claim against the United States "shall be forever barred" unless it is presented to the appropriate federal agency for administrative review within two years after the claim accrues and, if it is denied, the claimant files suit in federal court within six months of the denial, are subject to equitable tolling.

Judgment: Affirmed and remanded, 5-4, in an opinion by Justice Kagan on April 22, 2015.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Dec 23 2013Application (13A653) to extend the time to file a petition for a writ of certiorari from January 7, 2014 to February 6, 2014, submitted to Justice Kennedy.
Dec 27 2013Application (13A653) granted by Justice Kennedy extending the time to file until February 6, 2014.
Jan 23 2014Application (13A653) to extend further the time to file a petition for a writ of certiorari from February 6, 2014 to March 8, 2014, submitted to Justice Kennedy.
Jan 24 2014Application (13A653) granted by Justice Kennedy extending the time to file until March 8, 2014.
Mar 7 2014Petition for a writ of certiorari filed. (Response due April 7, 2014)
Apr 1 2014Order extending time to file response to petition to and including May 7, 2014.
May 7 2014Brief of respondent Kwai Fun Wong in opposition filed.
May 27 2014DISTRIBUTED for Conference of June 12, 2014.
May 29 2014Reply of petitioner United States filed. (Distributed) VIDED.
Jun 16 2014DISTRIBUTED for Conference of June 19, 2014.
Jun 23 2014DISTRIBUTED for Conference of June 26, 2014.
Jun 30 2014Petition GRANTED.
Jul 23 2014The time to file the joint appendix and petitioner's brief on the merits is extended to and including September 9, 2014.
Jul 23 2014The time to file respondent's brief on the merits is extended to and including November 4, 2014.
Sep 4 2014SET FOR ARGUMENT on Wednesday, December 10, 2014.
Sep 9 2014Joint appendix filed. (Statement of costs filed.)
Sep 9 2014Brief of petitioner United States filed.
Sep 22 2014Record requested from U.S.C.A. 9th Circuit.
Sep 24 2014Record received from U.S.C.A. 9th Circuit is electronic and located on PACER.
Nov 4 2014Brief of respondent Kwai Fun Wong filed. (Distributed)
Nov 7 2014CIRCULATED.
Nov 10 2014Brief amicus curiae of Gregory C. Sisk filed. VIDED. (Distributed)
Nov 12 2014Brief amicus curiae of American Association for Justice filed. VIDED. (Distributed)
Nov 12 2014Brief amicus curiae of Clinic for Legal Assistance to Servicemembers and Veterans filed. (Distributed)
Nov 12 2014Brief amici curiae of Paralyzed Veterans of America, et al. filed. (Distributed).
Dec 3 2014Reply of petitioner United States filed. (Distributed)
Dec 10 2014Argued. For petitioner: Roman Martinez, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: Eric Schnapper, Seattle, Wash.
Apr 22 2015Judgment is AFFIRMED and CASE REMANDED. Kagan, J., delivered the opinion of the Court, in which Kennedy, Ginsburg, Breyer, and Sotomayor, JJ., joined. Alito, J., filed a dissenting opinion, in which Roberts, C. J., and Scalia and Thomas, JJ., joined. (Opinion also for No. 13-1075)
May 26 2015JUDGMENT ISSUED.