United States v. Wong
Linked with:
| 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
- Opinion analysis: Clear statements, sovereign immunity, and timeliness (Howard M. Wasserman, April 23, 2015)
- Argument analysis: A living Federal Tort Claims Act? (Howard M. Wasserman, December 12, 2014)
- Argument preview: Jurisdictionality, timeliness, and the Federal Tort Claims Act (Howard M. Wasserman, December 8, 2014)
| Date | Proceedings and Orders |
|---|---|
| 12/23/2013 | Application (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. |
| 12/27/2013 | Application (13A653) granted by Justice Kennedy extending the time to file until February 6, 2014. |
| 01/23/2014 | Application (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. |
| 01/24/2014 | Application (13A653) granted by Justice Kennedy extending the time to file until March 8, 2014. |
| 03/07/2014 | Petition for a writ of certiorari filed. (Response due April 7, 2014) |
| 04/01/2014 | Order extending time to file response to petition to and including May 7, 2014. |
| 05/07/2014 | Brief of respondent Kwai Fun Wong in opposition filed. |
| 05/27/2014 | DISTRIBUTED for Conference of June 12, 2014. |
| 05/29/2014 | Reply of petitioner United States filed. (Distributed) VIDED. |
| 06/16/2014 | DISTRIBUTED for Conference of June 19, 2014. |
| 06/23/2014 | DISTRIBUTED for Conference of June 26, 2014. |
| 06/30/2014 | Petition GRANTED. |
| 07/23/2014 | The time to file the joint appendix and petitioner's brief on the merits is extended to and including September 9, 2014. |
| 07/23/2014 | The time to file respondent's brief on the merits is extended to and including November 4, 2014. |
| 09/04/2014 | SET FOR ARGUMENT on Wednesday, December 10, 2014. |
| 09/09/2014 | Joint appendix filed. (Statement of costs filed.) |
| 09/09/2014 | Brief of petitioner United States filed. |
| 09/22/2014 | Record requested from U.S.C.A. 9th Circuit. |
| 09/24/2014 | Record received from U.S.C.A. 9th Circuit is electronic and located on PACER. |
| 11/04/2014 | Brief of respondent Kwai Fun Wong filed. (Distributed) |
| 11/07/2014 | CIRCULATED. |
| 11/10/2014 | Brief amicus curiae of Gregory C. Sisk filed. VIDED. (Distributed) |
| 11/12/2014 | Brief amicus curiae of American Association for Justice filed. VIDED. (Distributed) |
| 11/12/2014 | Brief amicus curiae of Clinic for Legal Assistance to Servicemembers and Veterans filed. (Distributed) |
| 11/12/2014 | Brief amici curiae of Paralyzed Veterans of America, et al. filed. (Distributed). |
| 12/03/2014 | Reply of petitioner United States filed. (Distributed) |
| 12/10/2014 | Argued. For petitioner: Roman Martinez, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: Eric Schnapper, Seattle, Wash. |
| 04/22/2015 | Judgment 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) |
| 05/26/2015 | JUDGMENT ISSUED. |