United States v. Kwai Fun Wong (575 U.S. 402)
U.S. Supreme Court · decided April 22, 2015 · Supreme Court Database (Spaeth)
- Citation
- 575 U.S. 402 · 135 S. Ct. 1625
- Decided
- April 22, 2015
- Term
- October Term 2014
- Vote
- 5–4
- Majority author
- Justice Kagan
- Issue area
- Economic Activity
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Conservative
Opinion excerpt
(Slip Opinion) OCTOBER TERM, 2014 1 Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321 , 337. SUPREME COURT OF THE UNITED STATES Syllabus UNITED STATES v. KWAI FUN WONG CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No. 13–1074. Argued December 10, 2014—Decided April 22, 2015* The Federal Tort Claims Act (FTCA) 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.” 28 U. S. C. §2401 (b). Second, if the agency denies the claim, the claimant may file suit in federal court “within six months” of the agency’s denial. Ibid. Kwai Fun Wong and Marlene June, respondents in Nos. 13–1074 and 13–1075, respectively, each missed one of those deadlines. Wong failed to file her FTCA claim in federal court within 6 months, but argued that that was only because the District Court had not permit- ted her to file that claim until after the period expired.…
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