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 |
|---|---|
| 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. |
