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United States v. Wong

Linked with United States v. June (13-1075)
Docket No.13-1074
Op. Below9th Cir.
ArgumentDec 10, 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 Elena Kagan on Apr 22, 2015.

Proceedings & orders timeline

Dec 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.
Dec 27, 2013
Application (13A653) granted by Justice Kennedy extending the time to file until February 6, 2014.
Jan 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.
Jan 24, 2014
Application (13A653) granted by Justice Kennedy extending the time to file until March 8, 2014.
Mar 7, 2014
Petition for a writ of certiorari filed. (Response due April 7, 2014)
Apr 1, 2014
Order extending time to file response to petition to and including May 7, 2014.
May 7, 2014
Brief of respondent Kwai Fun Wong in opposition filed.
May 27, 2014
DISTRIBUTED for Conference of June 12, 2014.
May 29, 2014
Reply of petitioner United States filed. (Distributed) VIDED.
Jun 16, 2014
DISTRIBUTED for Conference of June 19, 2014.
Jun 23, 2014
DISTRIBUTED for Conference of June 26, 2014.
Jun 30, 2014
Petition GRANTED.
Jul 23, 2014
The time to file the joint appendix and petitioner's brief on the merits is extended to and including September 9, 2014.
Jul 23, 2014
The time to file respondent's brief on the merits is extended to and including November 4, 2014.
Sep 4, 2014
SET FOR ARGUMENT on Wednesday, December 10, 2014.
Sep 9, 2014
Joint appendix filed. (Statement of costs filed.)
Sep 9, 2014
Brief of petitioner United States filed.
Sep 22, 2014
Record requested from U.S.C.A. 9th Circuit.
Sep 24, 2014
Record received from U.S.C.A. 9th Circuit is electronic and located on PACER.
Nov 4, 2014
Brief of respondent Kwai Fun Wong filed. (Distributed)
Nov 7, 2014
CIRCULATED.
Nov 10, 2014
Brief amicus curiae of Gregory C. Sisk filed. VIDED. (Distributed)
Nov 12, 2014
Brief amicus curiae of American Association for Justice filed. VIDED. (Distributed)
Nov 12, 2014
Brief amicus curiae of Clinic for Legal Assistance to Servicemembers and Veterans filed. (Distributed)
Nov 12, 2014
Brief amici curiae of Paralyzed Veterans of America, et al. filed. (Distributed).
Dec 3, 2014
Reply of petitioner United States filed. (Distributed)
Dec 10, 2014
Argued. For petitioner: Roman Martinez, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: Eric Schnapper, Seattle, Wash.
Apr 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)
May 26, 2015
JUDGMENT ISSUED.

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