Neff on FTCA Equitable Tolling Cases

On December 10, 2014, the U.S. Supreme Court heard oral arguments in U.S. v. June and U.S. v. Wong, cases in which the law school’s Clinic for Legal Assistance to Servicemembers and Veterans (CLASV) has filed amicus briefs in favor of the respondents.

The amicus briefs argue that the two-year limit for filing administrative claims, and six-month limit for filing suit in federal court, under the Federal Tort Claims Act should be subject to equitable tolling. 

Professor Laurie Forbes Neff, director of CLASV, explained in the Daily Caller, “When someone is injured by the federal government, they have two years in which to file an administrative claim with the agency which they believe caused the injury. The administrative process accepts or denies their claim. If it’s denied, they have six months from the denial to file suit in federal court for the same claim.”

“[W]e’re not saying military members should unilaterally get equitable tolling,” Neff said in Bloomberg BNA. “It has to be on a fact-by-fact basis.”

Justices Can Both Have, Eat Cake in Cases On Federal Tort Claims Act Equitable Tolling, Bloomberg BNA, December 10, 2014. By Jeffrey D. Koelemay

Legal Clinic Says Military Members Should Have More Time To Sue Feds, Daily Caller, December 10, 2014. By Jonah Bennett.