The statute of limitations governing the Court of Federal Claims is jurisdictional and not subject to waiver or equitable tolling.
A petitioner filed a lawsuit in the Court of Federal Claims alleging an unconstitutional taking of mining leasehold rights. Although the Government waived the timeliness defense, the court of appeals held the action was untimely. The Supreme Court addresses whether a court must raise the timeliness of a lawsuit in the Court of Federal Claims sua sponte despite a waiver by the Government. The Court holds that the special statute of limitations governing the Court of Federal Claims is jurisdictional and requires such consideration. Because the statute is absolute, it is not susceptible to equitable tolling.
552 U.S. at 133 Jurisdictional nature of statute of limitations under 28 U.S.C. § 2501153 citing casesproviding that the limitations period set forth in 28 U.S.C. § 2501 is an "absolute" limit on the ability of the Court of Federal Claims to reach the merits ofa claim
- Sisters & Bros. Inv. v. Verchereau, No. 229-3-18 Cncv (Vt. Super. Ct. Dec. 21, 2018).published ([T]he law typically treats a limitations defense as an affirmative defense that the defendant must raise at the pleadings stage and that is subject to rules of forfeiture and waiver.)
- Checo v. Shinseki, 748 F.3d 1373 (Fed. Cir. 2014).published (Sand & Gravel)
- Henderson v. Shinseki, 589 F.3d 1201 (Fed. Cir. 2009).published Sand & Gravel, 552 U.S. at 134, 128 S.Ct. 750 ("As convenient shorthand, the Court has sometimes referred to the time limits in [statutes of limitations] as `jurisdictional.' See, e.g., Bowles, supra, at 2364.") However, contrary to Mr. He…
- Schwieger v. United States, No. 21-2131 (Fed. Cl. Aug. 31, 2026).published Sand & Gravel Co. v. United States, 552 U.S. 130, 134 (2008) (maintaining the Supreme Court’s longstanding interpre- tation that this court’s statute of limitations is “jurisdictional”).
- Biloxi Marsh Lands Corp. v. United States, No. 12-382 (Fed. Cl. Aug. 10, 2026).published Sand & Gravel Co. v. United States, 552 U.S. 130, 136 (2008) (noting this court’s “statute’s limitations period [is] jurisdictional and not susceptible to equitable tolling” (cleaned up)).
- Ramkissoon, No. 8:26-cv-00549 (M.D. Fla. July 28, 2026).Sand & Gravel Co. v. United States, 552 U.S. 130, 133 (2008).
- Samodovitz v. United States, No. 25-154 (Fed. Cl. July 14, 2026).publishedSand & Gravel Co. v. United States, 552 U.S. 130, 133-34 (2008)).
- Sablan v. CUC, 2026 MP 05 (2026).publishedId. at 133-34. ¶ 21 With regards to the claim under the NMI Constitution, we have previously addressed a similar argument in the due process context.
- Sablan v. CUC, 2026 MP 5 (2026).publishedId. at 133-34. ¶ 21 With regards to the claim under the NMI Constitution, we have previously addressed a similar argument in the due process context.
- Hoel, No. 0:25-cv-02342 (D. Minn. Oct. 30, 2025).Sand & Gravel Co. v. United States, 552 U.S. 130, 133 (2008)).
Show 134 more citing cases
- Medeiros v. Safeco Ins. Co. of Illinois, No. 0:25-cv-01198 (D. Minn. Oct. 1, 2025).Sand & Gravel Co. v. United States, 552 U.S. 130, 133 (2008)).
- Hamilton v. United States, No. 24-2200 (Fed. Cir. Aug. 14, 2025).unpublished (holding that the Tucker Act’s six-year statute of limitations is jurisdictional)
- Williams v. Insomnia Cookies, LLC, No. 4:23-cv-00669, 2025 WL 2062189 (E.D. Mo. July 23, 2025).Civ. P. 8(c); John R, Sand & Gravel Co. v. United States, 552 U.S. 130, 133 (2008); Jessie v. Potter, 516 F.3d 709 , 713 n.2 (8th Cir. 2008).
- Bright v. United States, 603 F.3d 1273 (Fed. Cir. 2010).published
- Gonzalez v. United States, 675 F. Supp. 2d 260 (D.R.I. 2009).published
- Young v. United States, 92 Fed. Cl. 425 (Fed. Cl. 2010).published
- Dolan v. United States, 560 U.S. 605 (2010).published
- Menominee Indian Tribe of Wisconsin v. United States, 614 F.3d 519 (D.C. Cir. 2010).published
- Donahue v. United States, 634 F.3d 615 (1st Cir. 2011).published
- Henderson v. Shinseki, 562 U.S. 428 (2011).published
- McReynolds v. Merrill Lynch, Pierce, Fenner & Smith, Inc., 672 F.3d 482 (7th Cir. 2012).published
- Credit Suisse Sec. (Usa) LLC v. Simmonds, 566 U.S. 221 (2012).published
- United States v. Donald Wilson, 699 F.3d 789 (4th Cir. 2012).published
- Sebelius v. Auburn Reg'l Med. Ctr., 568 U.S. 145 (2013).published
- Westlands Water Dist. v. United States, 109 Fed. Cl. 177 (Fed. Cl. 2013).published
- Baroque Timber Indus. (Zhongshan) Co. v. United States, 865 F. Supp. 2d 1300 (Ct. Intl. Trade 2012).published
- Reginald Bacchus v. United States, No. 12-887C (Fed. Cl. May 1, 2013).unpublished
- Kwai Wong v. David Beebe, 732 F.3d 1030 (9th Cir. 2013).published
- Strich v. United States, 793 F. Supp. 2d 1238 (D. Colo. 2011).published
- Bohrer v. City Hosp., Inc., 681 F. Supp. 2d 657 (N.D. W. Va. 2010).published
- Samy Gharb v. United States, No. 13-89C, 2013 WL 6383083 (Fed. Cl. Dec. 6, 2013).unpublished
- Robert M. Heger v. United States, 114 Fed. Cl. 204 (Fed. Cl. 2014).published
- Appalachian Voices v. McCarthy, 989 F. Supp. 2d 30 (D.D.C. 2013).published
- U.S. Home Corp. v. United States, No. 1:13-cv-00434 (Fed. Cl. Apr. 8, 2014).unpublished
- Bobby Jackson v. United States, 751 F.3d 712 (6th Cir. 2014).published
- Am. Gov't Props. & Houma Ssa, LLC v. United States, 118 Fed. Cl. 61 (Fed. Cl. 2014).published
- Hicks v. United States, No. 1:14-cv-00193 (Fed. Cl. Aug. 29, 2014).published
- Davis Wetlands Bank, LLC v. United States, 119 Fed. Cl. 96 (Fed. Cl. 2014).published
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- Straughter v. United States, 120 Fed. Cl. 119 (Fed. Cl. 2015).published
- Nat'l Credit Union Admin. Bd. v. Barclays Capital Inc., 785 F.3d 387 (10th Cir. 2015).published
- United States v. Kwai Fun Wong, 575 U.S. 402 (2015).published
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- Powers v. United States, No. 14-760, 2015 WL 4931482 (Fed. Cl. Aug. 18, 2015).unpublished
- United States v. Am. Home Assurance Co., 151 F. Supp. 3d 1328 (Ct. Intl. Trade 2015).published
- Haddad v. United States, No. 15-1075 (Fed. Cl. Jan. 21, 2016).unpublished
- Dixon v. McDonald, No. 15-7051 (Fed. Cir. Mar. 9, 2016).published
- Joppy v. United States, 646 F. App'x 998 (Fed. Cir. 2016).unpublished
- Hephzibah v. United States, No. 16-402 (Fed. Cl. Aug. 25, 2016).unpublished
- Englert v. United States, No. 16-712 (Fed. Cl. Sept. 16, 2016).unpublished
- Gross v. United States, 128 Fed. Cl. 745 (Fed. Cl. 2016).published
- City of Tupelo v. John Patterson (Pat) O'Callaghan, 208 So. 3d 556 (Miss. 2017).published
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- Nickerson-Malpher v. United States, No. 17-612 (Fed. Cl. May 26, 2017).unpublished
- Sec'y, U.S. Dep't of Labor v. Robert N. Preston, 873 F.3d 877 (11th Cir. 2017).published
- Campbell v. United States, 134 Fed. Cl. 764 (Fed. Cl. 2017).published
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- Welty v. United States, No. 16-1017 (Fed. Cl. Dec. 8, 2017).published
- Yankton Cnty. v. United States, No. 17-488 (Fed. Cl. Dec. 21, 2017).published
- Quesada v. United States, No. 17-1088 (Fed. Cl. Mar. 20, 2018).published
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- Bancroft Global Dev. v. Koskinen, No. 2017-0395 (D.D.C. Aug. 27, 2018).published
- Ideal Innovations, Inc. v. United States, No. 17-889 (Fed. Cl. Oct. 2, 2018).published
- Allen v. United States, No. 17-475 (Fed. Cl. Nov. 6, 2018).published
- Big Oak Farms, Inc. v. United States, No. 11-275 (Fed. Cl. Jan. 11, 2019).published
- frazer/exton Dev., L.P. v. United States, No. 18-1081 (Fed. Cl. Feb. 8, 2019).published
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- Baptichon v. United States, No. 19-1241 (Fed. Cl. Sept. 23, 2019).unpublished
- Technical Coll. of the Low Country v. United States, No. 15-488 (Fed. Cl. Sept. 30, 2019).published
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- Anthony Smith v. Ron Davis, 953 F.3d 582 (9th Cir. 2020).published
- Jones v. United States, No. 20-520 (Fed. Cl. Aug. 25, 2020).published
- KST Data, Inc. v. DXC Tech. Co., 980 F.3d 709 (9th Cir. 2020).published
- R&R Int'l Consulting LLC v. Banco Do Brasil S.A., 981 F.3d 1239 (11th Cir. 2020).published
- Rail Freight Fuel Surcharge Antitrust Litig. (No. Ii)- Mdl No. 2925, Misc. No. 2020-0008 (D.D.C. May 12, 2021).published
- Santana v. United States, No. 16-1703 (Fed. Cl. July 28, 2021).published
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- Butte Cnty. v. United States, No. 21-1779 (Fed. Cir. Mar. 4, 2022).unpublished
- Jordan v. United States, No. 20-1690 (Fed. Cl. Mar. 15, 2022).published
- Petro-Hunt, L.L.C. v. United States, 90 Fed. Cl. 51 (Fed. Cl. 2009).published
- Nance v. United States, 92 Fed. Cl. 41 (Fed. Cl. 2010).published
- Freeman v. United States, 98 Fed. Cl. 360 (Fed. Cl. 2011).published
- Dubsky v. United States, 98 Fed. Cl. 703 (Fed. Cl. 2011).published
- Palacios v. United States, 100 Fed. Cl. 656 (Fed. Cl. 2011).published
- Wolfchild v. United States, 101 Fed. Cl. 54 (Fed. Cl. 2011).published
- Abbey v. United States, 106 Fed. Cl. 254 (Fed. Cl. 2012).published
- Ackerman v. United States, 107 Fed. Cl. 612 (Fed. Cl. 2012).published
- Davis v. United States, 108 Fed. Cl. 331 (Fed. Cl. 2012).published
- Curen v. Fed. Crop Ins., 50 F. Supp. 3d 1200 (N.D. Cal. 2014).published
- Chance v. Zinke, 263 F. Supp. 3d 1178 (N.D. Okla. 2017).published
- Rodriguez v. Brown, No. 21-1124, 2022 WL 3453401 (10th Cir. Aug. 18, 2022).unpublished
- Mcneil v. United States, 476 F. App'x 250 (Fed. Cir. 2012).unpublished
- Donahue v. Connolly, 890 F. Supp. 2d 173 (D. Mass. 2012).published
- Gilham v. United States, No. 22-728 (Fed. Cl. Jan. 23, 2023).published
- Solano v. United States, No. 21-2281 (Fed. Cl. Feb. 28, 2023).unpublished
- Angel v. United States, No. 22-867 (Fed. Cl. May 12, 2023).published
- Etchegoinberry v. United States, No. 11-564C (Fed. Cl. May 19, 2023).published
- Renn v. Otay Lakes Brewery, LLC, No. 3:23-cv-01139 (S.D. Cal. May 10, 2024).
- Alexander v. Lencrerot, No. 1:21-cv-04846 (N.D. Ga. Sept. 30, 2022).
- Alexander v. Lencrerot, No. 1:21-cv-04846 (N.D. Ga. Aug. 14, 2023).
- Roiger v. Vets. Affairs Health Care Sys., No. 0:18-cv-00591 (D. Minn. Feb. 12, 2019).
- McCorquodale v. DG Retail, LLC, No. 0:20-cv-00518 (D. Minn. May 29, 2020).
- Borup v. CJS Solutions Grp., LLC, No. 0:18-cv-01647 (D. Minn. Aug. 26, 2020).
- Joseph v. Wal-Mart Corp., No. 0:20-cv-01255 (D. Minn. Oct. 9, 2020).
- In re EpiPen Direct Purchaser Litig., No. 0:20-cv-00827, 2021 WL 147166 (D. Minn. Jan. 15, 2021).
- Jackson v. Minnesota Dep't of Human Servs., No. 0:20-cv-00749 (D. Minn. Mar. 23, 2021).
- Judah v. Ovsak, 550 F. Supp. 3d 687 (D. Minn. 2021).published
- Schwan's Co. v. Cai, No. 0:20-cv-02157 (D. Minn. Dec. 2, 2021).
- Willman v. Farmington Area Pub. Sch. Dist., No. 0:21-cv-01724 (D. Minn. Sept. 7, 2022).
- Nelson v. Jerentosky, No. 0:21-cv-02679 (D. Minn. Sept. 26, 2022).
- Dorsey v. Foley, No. 4:24-cv-00359 (E.D. Mo. Mar. 28, 2024).
- Yeargans v. City of Kansas City, No. 4:18-cv-00409 (W.D. Mo. Sept. 6, 2019).
- Nationstar Mortg. LLC v. Legacy Estates Prop. Owners Ass'n, No. 2:16-cv-01934 (D. Nev. Sept. 29, 2020).
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- Pac. Data Sys., Inc. v. Guam Dep't of Educ., 2024 Guam 4 (Guam 2024).published
- United States v. Rund, 743 F. Supp. 3d 779 (E.D. Va. 2024).published
- Nicholas v. United States, No. 24-1210 (Fed. Cl. Nov. 26, 2024).published
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- Ditech Holding Corp., No. 19-10412 (Bankr. S.D.N.Y. Jan. 16, 2025).unpublished
- Ditech Holding Corp., No. 19-10412 (Bankr. S.D.N.Y. Jan. 23, 2025).unpublished
- Ditech Holding Corp., No. 19-10412 (Bankr. S.D.N.Y. Feb. 6, 2025).unpublished
- Ditech Holding Corp., No. 19-10412 (Bankr. S.D.N.Y. Feb. 8, 2025).unpublished
- Ditech Holding Corp., No. 19-10412 (Bankr. S.D.N.Y. Feb. 28, 2025).unpublished
- Strauss v. Islamic Repub. of Iran, No. 2022-0052 (D.D.C. Mar. 7, 2025).published
- Doe v. Anoka Cnty., 776 F. Supp. 3d 756 (D. Minn. 2025).published
- Evans v. Kasul, No. 2024-0350 (D.D.C. Mar. 14, 2025).published
- Carter Page v. James Comey, 137 F.4th 806 (D.C. Cir. 2025).published
- Cloer v. Sec'y of Health & Human Servs., 654 F.3d 1322 (Fed. Cir. 2011).published
- Marley v. United States, 567 F.3d 1030 (9th Cir. 2009).published
- Aloe Vera of Am., Inc. v. United States, 574 F.3d 1176 (9th Cir. 2009).published
- Worley v. Islamic Repub. of Iran, 75 F. Supp. 3d 311 (D.D.C. 2014).published
- Marley v. United States, 548 F.3d 1286 (9th Cir. 2008).published
- Aloe Vera of Am., Inc. v. United States, 580 F.3d 867 (9th Cir. 2009).published
- Aloe Vera of Am. v. United States, No. 07-15577 (9th Cir. Sept. 2, 2009).published
- Head v. Kommandit-Gesellschaft MS San Alvaro Offen Reederei GmbH & Co., 17 F. Supp. 3d 1099 (W.D. Wash. 2014).published
- Bancroft Global Dev. v. United States, 330 F. Supp. 3d 82 (D.C. Cir. 2018).published
- Est. of Ehringer v. Dir., Div. of Taxation, 24 N.J. Tax 599 (N.J. Tax Ct. 2009).published
- Su v. MSRC, LLC, No. 2:24-cv-00141 (S.D. W. Va. Aug. 20, 2024).
552 U.S. at 134 Interpreting jurisdictional nature of statute of limitations69 citing casesAs convenient shorthand, the Court has sometimes referred to the time limits in [statutes of limitations] as `jurisdictional.' See, e.g., Bowles, supra, at 2364.
- Modern Font Applications LLC v. Alaska Airlines, 56 F.4th 981 (Fed. Cir. 2022).published(As convenient shorthand, the Court has sometimes referred to the time limits in such statutes as ‘jurisdictional.’)
- Henderson v. Shinseki, 589 F.3d 1201 (Fed. Cir. 2009).published (As convenient shorthand, the Court has sometimes referred to the time limits in [statutes of limitations] as `jurisdictional.' See, e.g., Bowles, supra, at 2364.)
- Rana v. United States, 130 Fed. Cl. 629 (Fed. Cl. 2016).published Sand & Gravel Co. v. United States, 552 U.S. 130 , 136, 128 S.Ct. 750 , 169 L.Ed,2d 591 (2008); Martinez v. United States, 333 F.3d 1295, 1304 (Fed.
- Prakhin v. United States, 122 Fed. Cl. 483 (Fed. Cl. 2015).published Sand & Gravel Co. v. United States 552 U.S. 130, 136-39 , 128 S.Ct. 750 , 169 L.Ed.2d 591 (2008) (“This six-year limitations period is jurisdictional and may not be waived.”)).
- Land Grantors v. United States, 81 Fed. Cl. 580 (Fed. Cl. 2008).published Sand & Gravel Co. v. United States, — U.S.-,-, 128 S.Ct. 750, 753 , 169 L.Ed.2d 591 (2008) (“forbidding a court to consider whether certain equitable considerations warrant extending a limitations period”).
- Schwieger v. United States, No. 21-2131 (Fed. Cl. Aug. 31, 2026).published (maintaining the Supreme Court’s longstanding interpre- tation that this court’s statute of limitations is “jurisdictional)
- Latham v. United States, No. 25-127 (Fed. Cl. Aug. 27, 2026).publishedSand & Gravel Co. v. United States, 552 U.S. 130, 134 (2008).
- Fowler v. United States, No. 26-570 (Fed. Cl. Aug. 6, 2026).unpublishedSand & Gravel Co. v. United States, 552 U.S. 130, 134 (2008); Young v. United States, 529 F.3d 1380, 1384 (Fed. Cir. 2008).
- Kelly v. United States, 181 F.4th 1377 (Fed. Cir. 2026).published Sand, 552 U.S. at 137-39.
- Burns v. United States, No. 25-1473 (Fed. Cl. June 25, 2026).unpublishedSand & Gravel Co. v. United States, 552 U.S. 130, 134 (2008).
Show 53 more citing cases
- Diaz v. United States, No. 25-1129 (Fed. Cl. Mar. 10, 2026).unpublishedSand & Gravel Co. v. United States, 552 U.S. 130, 134 (2008).
- Jones v. United States, No. 25-2011 (Fed. Cl. Jan. 13, 2026).unpublishedSand & Gravel Co. v. United States, 552 U.S. 130, 134 (2008); Young v. United States, 529 F.3d 1380, 1384 (Fed.
- Menominee Indian Tribe of Wisconsin v. United States, 614 F.3d 519 (D.C. Cir. 2010).published
- Kwai Wong v. David Beebe, 732 F.3d 1030 (9th Cir. 2013).published
- United States v. Kwai Fun Wong, 575 U.S. 402 (2015).published
- Big Oak Farms, Inc. v. United States, No. 11-275 (Fed. Cl. Jan. 11, 2019).published
- Jordan v. United States, No. 20-1690 (Fed. Cl. Mar. 15, 2022).published
- Ackerman v. United States, 107 Fed. Cl. 612 (Fed. Cl. 2012).published
- Chance v. Zinke, 263 F. Supp. 3d 1178 (N.D. Okla. 2017).published
- Etchegoinberry v. United States, No. 11-564C (Fed. Cl. May 19, 2023).published
- United States ex rel. Air Control Tech., Inc. v. Pre Con Indus., Inc., 720 F.3d 1174 (9th Cir. 2013).published
- Unitrac, LLC v. United States, 113 Fed. Cl. 156 (Fed. Cl. 2013).published
- Howard v. Gutierrez, 891 F. Supp. 2d 95 (D.D.C. 2012).published
- McNaughton v. United States, 118 Fed. Cl. 274 (Fed. Cl. 2014).published
- Cronin v. United States, 765 F.3d 1331 (Fed. Cir. 2014).published
- Merck Sharp & Dohme Corp. v. Kappos, 75 F. Supp. 3d 16 (D.D.C. 2014).published
- Perry v. United States, No. 14-587 (Fed. Cl. Dec. 23, 2014).unpublished
- Bondyopadhyay v. United States, No. 14-147 (Fed. Cl. Mar. 20, 2015).unpublished
- Stephens v. United States, 124 Fed. Cl. 424 (Fed. Cl. 2015).published
- In re Navy Chaplaincy, Misc. No. 2007-0269 (D.D.C. Feb. 9, 2016).published
- Michael v. United States, 642 F. App'x 987 (Fed. Cir. 2016).unpublished
- Crane v. United States, No. 15-435 (Fed. Cl. May 17, 2016).published
- Doe v. United States, No. 15-1109 (Fed. Cl. Jan. 6, 2017).unpublished
- Roseberry-Andrews v. James, No. 2015-2051 (D.D.C. Feb. 22, 2018).published
- Campbell v. United States, No. 17-1142 (Fed. Cl. July 9, 2018).published
- Cockerham v. United States, No. 18-46 (Fed. Cl. Oct. 4, 2018).published
- Sanders v. United States, No. 18-979, 2018 WL 6190375 (Fed. Cl. Nov. 28, 2018).unpublished
- Anoruo v. United States, No. 18-1756 (Fed. Cir. Feb. 7, 2019).unpublished
- Bp Expl. & Prod. Inc. v. United States, No. 18-972 (Fed. Cl. Apr. 8, 2019).published
- Broughton v. United States, No. 19-1298 (Fed. Cir. May 9, 2019).unpublished
- Arlotta v. United States, No. 19-1618 (Fed. Cir. July 11, 2019).unpublished
- Melson v. United States, No. 18-1386 (Fed. Cir. July 17, 2019).unpublished
- Ibrahim v. United States, No. 19-760, 2019 WL 3384849 (Fed. Cl. July 26, 2019).unpublished
- Nicely v. United States, No. 16-1264 (Fed. Cl. Mar. 27, 2020).published
- Stewart v. United States, No. 19-1366 (Fed. Cl. Apr. 13, 2020).unpublished
- L & W Constr., LLC v. United States, No. 19-1628 (Fed. Cl. May 28, 2020).published
- Yu v. United States, No. 19-1982 (Fed. Cl. Sept. 24, 2020).published
- Melson v. United States, No. 17-540 (Fed. Cl. Mar. 25, 2021).published
- Patterson v. United States, No. 21-894 (Fed. Cl. June 11, 2021).published
- Jg Tech., LLC v. United States, No. 20-455 (Fed. Cl. Nov. 10, 2021).published
- Fulbright v. United States, 97 Fed. Cl. 221 (Fed. Cl. 2011).published
- Andrews v. United States, 108 Fed. Cl. 150 (Fed. Cl. 2012).published
- InSpace 21 LLC v. United States, 128 Fed. Cl. 69 (Fed. Cl. 2016).published
- Rashid v. United States, No. 22-1809 (Fed. Cir. Aug. 8, 2022).unpublished
- Carson, Jr. v. United States, No. 18-1902 (Fed. Cl. Sept. 9, 2022).published
- Adera v. United States, No. 22-1074 (Fed. Cir. June 2, 2023).unpublished
- Harris v. United States, No. 24-327 (Fed. Cl. Nov. 20, 2024).unpublished
- Fowler v. United States, No. 23-2095 (Fed. Cl. Jan. 6, 2025).published
- Jones v. United States, No. 25-314 (Fed. Cl. Apr. 24, 2025).unpublished
- Riley v. Bondi Revisions: 6/26/25, 606 U.S. 259 (2025).published
- Marley v. United States, 567 F.3d 1030 (9th Cir. 2009).published
- Marley v. United States, 548 F.3d 1286 (9th Cir. 2008).published
- White v. United States, No. 23-383 (Fed. Cl. Mar. 4, 2025).published
552 U.S. at 139 Stare decisis and statutory interpretation's special force38 citing casesThis Court has long interpreted the court of claims limitations statute as . . . ‘jurisdictional.’
- Abou-El-Seoud v. United States, No. 15-1249 (Fed. Cl. Feb. 28, 2018).published(This Court has long interpreted the court of claims limitations statute as . . . ‘jurisdictional.’)
- Whether the Peace Corps Dir. May Certify Peace Corps Response Volunteers for Noncompetitive Eligibility for Fed. Emp. Under Exec. Order 11103 (OLC 2013).published([S]tare decisis in respect to statutory interpre- tation has special force, for Congress remains free to alter what we have done.)
- Kwai Wong v. David Beebe, 732 F.3d 1030 (9th Cir. 2013).published
- United States v. Kwai Fun Wong, 575 U.S. 402 (2015).published
- Merck Sharp & Dohme Corp. v. Kappos, 75 F. Supp. 3d 16 (D.D.C. 2014).published
- John Templemire v. W&M Welding, Inc., 433 S.W.3d 371 (Mo. 2014).published
- CBOCS West, Inc. v. Humphries, 553 U.S. 442 (2008).published
- Chambers v. United States, 555 U.S. 122 (2009).published
- Global-Tech Appliances, Inc. v. SEB S. A., 563 U.S. 754 (2011).published
- United States v. Home Concrete & Supply, LLC, 566 U.S. 478 (2012).published
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- New Orleans Depot Servs., Inc. v. Dir., Off. of Worker's Comp. Programs, 718 F.3d 384 (5th Cir. 2013).published
- Robert Bosch, LLC v. Pylon Mfg. Corp., 719 F.3d 1305 (Fed. Cir. 2013).published
- Karuk Tribe of N. California v. California Reg'l Water Quality Control Bd., 183 Cal. App. 4th 330 (Cal. Ct. App. 2010).published
- Halliburton Co. v. Erica P. John Fund, Inc., 134 S. Ct. 2259 (2014).published
- Shelkofsky v. United States, 119 Fed. Cl. 133 (Fed. Cl. 2014).published
- Ministerio Roca Solida v. United States, 778 F.3d 1351 (Fed. Cir. 2015).published
- Marsh USA Inc. v. Rex Cook, No. 09-0558 (Tex. June 24, 2011).published
- Dan Carmichael McCarthan v. Dir. of Goodwill Indus.-Suncoast, Inc., 851 F.3d 1076 (11th Cir. 2017).published
- Hively v. Ivy Tech Cmty. Coll. of Indiana, 853 F.3d 339 (7th Cir. 2017).published
- Porter v. Comm'r, 132 T.C. 203 (Tax Ct. 2009).published
- DI Supply I, LLC v. Dir. of Revenue, 601 S.W.3d 195 (Mo. 2020).published
- Kamaludin Slyman CSC, ASBCA No. 62006, 62007, 62008 (A.S.B.C.A. Sept. 25, 2020).published
- Certification of Peace Corps Response Volunteers for Noncompetitive Eligibility for Fed. Emp. Under Exec. Order 11103 (OLC 2013).published
- Hallmark Rsch. Collective, No. 21284-21 (Tax Ct. Nov. 29, 2022).published
- 3M Co. & Subsidiaries, No. 5816-13 (Tax Ct. Feb. 9, 2023).published
- Taylor v. McDonough, 71 F.4th 909 (Fed. Cir. 2023).published
- Stephanie Murrin, No. 14614-19 (Tax Ct. Jan. 24, 2024).unpublished
- Valley Park Ranch, LLC, Reed Oppenheimer, Tax Matters Partner, No. 12384-20 (Tax Ct. Mar. 28, 2024).published
- Alpine Lumber Co. v. Capital West Nat'l Bank, 2010 WY 62, 231 P.3d 869.published
- Lighting Ballast Control LLC v. Philips Elec. North Am. Corp., 744 F.3d 1272 (Fed. Cir. 2014).published
- Procopio v. Wilkie, 913 F.3d 1371 (Fed. Cir. 2019).published
- Halliburton Co. v. Erica P. John Fund, Inc., 573 U.S. 258 (2014).published
- Klar, D. v. Dairy Farmers of Am., 300 A.3d 361 (Pa. 2023).published
552 U.S. at 132 Requiring sua sponte consideration of statute of limitations31 citing casesholding that the six-year statute of limitations is a jurisdictional limit on actions in this Court
- Chisum v. United States, No. 24-67 (Fed. Cl. Feb. 7, 2025).unpublished([T]he special statute of limitations governing the Court of Federal Claims requires . . . sua sponte consideration.)
- Henderson v. Shinseki, 589 F.3d 1201 (Fed. Cir. 2009).published Sand & Gravel, 552 U.S. at 134, 128 S.Ct. 750 ("As convenient shorthand, the Court has sometimes referred to the time limits in [statutes of limitations] as `jurisdictional.' See, e.g., Bowles, supra, at 2364.") However, contrary to Mr. He…
- Sayar v. United States, No. 25-1993 (Fed. Cl. Apr. 27, 2026).unpublishedSand & Gravel Co. v. United States, 552 U.S. 130, 132 (2008); 28 U.S.C. § 2501 .
- Scarpaci, No. 22-642 (Fed. Cl. Sept. 22, 2025).publishedBut I can tell what the government meant. - 14 - Co., 552 U.S. at 132.
- Union Pac. R. Co. v. Locomotive Engineers & Trainmen Gen. Comm. of Adjustment, 558 U.S. 67 (2009).published
- Thompson v. United States, 480 F. App'x 575 (Fed. Cir. 2012).unpublished
- Bright v. United States, 603 F.3d 1273 (Fed. Cir. 2010).published
- Gonzalez v. United States, 675 F. Supp. 2d 260 (D.R.I. 2009).published
- Haddad v. United States, No. 15-1418 (Fed. Cl. Jan. 30, 2017).unpublished
- Velocity Training, LLC v. United States, No. 18-1125 (Fed. Cl. Sept. 4, 2018).unpublished
Show 18 more citing cases
- Fort Bend Cnty. v. Davis, 587 U.S. 541 (2019).published
- Pollock v. Comm'r, 132 T.C. 21 (Tax Ct. 2009).published
- 1 v. United States, No. 19-1019 (Fed. Cl. June 4, 2021).published
- Adera v. United States, No. 20-1040 (Fed. Cl. Oct. 27, 2021).published
- Bridges v. United States, No. 18-727 (Fed. Cl. Oct. 7, 2021).published
- Thomassee v. United States, No. 20-1481 (Fed. Cl. Feb. 15, 2022).published
- Alkire v. United States, No. 20-1654 (Fed. Cl. Feb. 25, 2022).published
- Medrano v. United States, No. 20-1245 (Fed. Cl. Apr. 29, 2022).published
- George Fam. Trust ex rel. George v. United States, 91 Fed. Cl. 177 (Fed. Cl. 2009).published
- Young v. United States, 92 Fed. Cl. 425 (Fed. Cl. 2010).published
- Duncan v. United States, 98 Fed. Cl. 318 (Fed. Cl. 2011).published
- Thompson v. United States, 103 Fed. Cl. 16 (Fed. Cl. 2011).published
- Doe No. 1 v. United States, No. 19-1747 (Fed. Cl. Aug. 9, 2022).published
- Ogburn v. United States, No. 21-1864, 2022 WL 3210214 (Fed. Cl. Aug. 9, 2022).unpublished
- Aitken v. United States, No. 19-520 (Fed. Cl. Sept. 30, 2022).published
- Thomas v. United States, No. 22-426 (Fed. Cl. Apr. 20, 2023).published
- Murray v. United States, No. 21-1492 (Fed. Cl. June 5, 2023).published
- May v. United States, No. 23-1124, 2023 WL 3836088 (Fed. Cir. June 6, 2023).unpublished
552 U.S. at 136 Defining jurisdictional limitations period under statute28 citing casesnoting that “cognizable by” means “about the same thing” as “has jurisdiction
- Reed Elsevier, Inc. v. Muchnick, 559 U.S. 154 (2010).published ([P]etitioner can succeed only by convincing us that this Court has overturned, or that it should now overturn, its earlier precedent.)
- Turping v. United States, 134 Fed. Cl. 293 (Fed. Cl. 2017).published Sand & Gravel Co. v. United States, 552 U.S. 130, 139 , 128 S.Ct. 750 , 169 L.Ed.2d 591 (2008) (“This Court has long interpreted the court of claims limitations statute as ... ‘jurisdictional.’ ”) Therefore, as a matter of law, a claim “ac…
- Biloxi Marsh Lands Corp. v. United States, No. 12-382 (Fed. Cl. Aug. 10, 2026).published (noting this court’s “statute’s limitations period [is] jurisdictional and not susceptible to equitable tolling” (cleaned up))
- Johnson v. United States, No. 25-1017 (Fed. Cir. Aug. 4, 2026).publishedSand & Gravel Co. v. United States, 552 U.S. 130, 136-39 (2008).
- Adams v. United States, No. 25-2073 (Fed. Cl. Mar. 9, 2026).unpublishedSand & Gravel, 552 U.S. at 136-39; FloorPro, Inc. v. United States, 680 F.3d 1377, 1380-81 (Fed.
- Sanchez v. United States, No. 25-565 (Fed. Cl. Jan. 29, 2026).publishedSand & Gravel Co. v. United States, 552 U.S. at 136)), cert. denied, 140 S. Ct. 443 (2019); Nix v. United States, 174 Fed. Cl. 260 , 266 (2024); Roseberry-Andrews v. United States, 144 Fed. Cl. 29 , 33, appeal dismissed, No. 2019-2386, 201…
- Davinci Aircraft, Inc. v. United States, No. 22-576 (Fed. Cl. Sept. 11, 2025).publishedSand & Gravel Co. v. United States, 552 U.S. at 136)); Nix v. United States, 174 Fed. Cl. 260 , 266 (2024); Roseberry-Andrews v. United States, 144 Fed. Cl. 29 , 33 (2019); Schnell v. United States, 115 Fed. Cl. 102, 104-5 (2014).
- Bright v. United States, 603 F.3d 1273 (Fed. Cir. 2010).published
- Kwai Wong v. David Beebe, 732 F.3d 1030 (9th Cir. 2013).published
- Davis Wetlands Bank, LLC v. United States, 119 Fed. Cl. 96 (Fed. Cl. 2014).published
Show 18 more citing cases
- Bowden v. United States, No. 18-1838, 2019 WL 1504378 (Fed. Cl. Apr. 5, 2019).unpublished
- Ackerman v. United States, 107 Fed. Cl. 612 (Fed. Cl. 2012).published
- Jg Tech., LLC v. United States, No. 20-455 (Fed. Cl. Nov. 10, 2021).published
- Union Pac. R.R. v. United States, 107 Fed. Cl. 76 (Fed. Cl. 2012).published
- Application for Exemption V., No. 12-16373 (9th Cir. Aug. 29, 2013).published
- Jaime L. Feliciano v. United States, 114 Fed. Cl. 584 (Fed. Cl. 2014).published
- Jeun v. United States, 128 Fed. Cl. 203 (Fed. Cl. 2016).published
- Cosner v. United States, No. 16-957 (Fed. Cl. Dec. 22, 2016).unpublished
- Brookens v. Dep't of Labor, 120 M.S.P.R. 678 (D.D.C. 2018).published
- Drake v. United States, No. 17-581, 2018 WL 1613869 (Fed. Cl. Apr. 3, 2018).unpublished
- SEC v. Fowler, 6 F.4th 255 (2d Cir. 2021).published
- Sabree v. United States, 90 Fed. Cl. 683 (Fed. Cl. 2009).published
- Arbelaez v. United States, 94 Fed. Cl. 753 (Fed. Cl. 2010).published
- United States ex rel. Conroy v. Select Med. Corp., 211 F. Supp. 3d 1132 (S.D. Ind. 2016).published
- In re Exemption From Elec. Pub. Access Fees by Jennifer Gollan & Shane Shifflett, 728 F.3d 1033 (9th Cir. 2013).published
- Talley v. Gen. Motors, LLC, No. 1:20-cv-01137, 2021 WL 7209448 (D. Del. Nov. 26, 2021).
- Zortea v. Costco Wholesale Corp., No. 2:22-cv-01316, 2023 WL 1970579 (W.D. Pa. Feb. 13, 2023).
- Onf Enter., LLC v. United States, No. 23-704 (Fed. Cl. Dec. 11, 2024).published
128 S. Ct. at 753 Distinguishing between jurisdictional and non-jurisdictional statutes of limitations19 citing cases“seek primarily to protect defendants against stale or unduly delayed claims.”
- West Virginia Highlands Conservancy v. Johnson, 540 F. Supp. 2d 125 (D.D.C. 2008).published The Court wasted no time in rejecting that proposition. 128 S.Ct. at 755 (“We cannot agree with petitioner that the Court already has overturned the earlier precedent.”).
- Pipes v. United States, 134 Fed. Cl. 380 (Fed. Cl. 2017).published “this court has long interpreted the court of claims limitations statute as ... 'jurisdictional.”
- Turping v. United States, 134 Fed. Cl. 293 (Fed. Cl. 2017).published “this court has long interpreted the court of claims limitations statute as ... 'jurisdictional.”
- St. Bernard Par. v. United States, 88 Fed. Cl. 528 (Fed. Cl. 2009).published (forbidding a court to consider whether certain equitable considerations warrant extending [the 28 U.S.C. § 2501 ] limitations period.)
- Land Grantors v. United States, 81 Fed. Cl. 580 (Fed. Cl. 2008).published (forbidding a court to consider whether certain equitable considerations warrant extending a limitations period)
- Pollock v. Comm'r, 132 T.C. 21 (Tax Ct. 2009).published
- Olin v. United States, 298 F. App'x 986 (Fed. Cir. 2008).unpublished
- Blueport Co. v. United States, 533 F.3d 1374 (Fed. Cir. 2008).published
- State v. Clark, 2008 MT 317, 193 P.3d 934.published
- Ruiz-Martinez v. Mukasey, Williamson v. Mukasey, Seoud v. BIA, No. 05-2903-ag, 05-3662, 06-3605 (2d Cir. Feb. 14, 2008).published
Show 9 more citing cases
- Jessie v. Potter, 516 F.3d 709 (8th Cir. 2008).published
- Kingman Reef Atoll Investments, L.L.C. v. United States, 541 F.3d 1189 (9th Cir. 2008).published
- Kay v. Sec'y of Health & Human Servs., 80 Fed. Cl. 601 (Fed. Cl. 2008).published
- Levy v. United States, 83 Fed. Cl. 67 (Fed. Cl. 2008).published
- Fauvergue v. United States, 86 Fed. Cl. 82 (Fed. Cl. 2009).published
- CRV Enter., Inc. v. United States, 86 Fed. Cl. 758 (Fed. Cl. 2009).published
- Schmidt v. United States, 89 Fed. Cl. 111 (Fed. Cl. 2009).published
- Marley v. United States, 567 F.3d 1030 (9th Cir. 2009).published
- Aloe Vera of Am. v. United States, No. 07-15577 (9th Cir. Sept. 2, 2009).published
552 U.S. at 137 Revisiting precedent on government statute of limitations17 citing casescalling the provisions “linguistically similar,” “similar . . . in language,” and “similarly worded
- Arellano v. McDonough, 1 F.4th 1059 (Fed. Cir. 2021).published ([Irwin’s] presumption seeks to produce a set of statutory interpretations that will more accurately reflect Congress’ likely meaning in the mine run of instances where it enacted a [g]overnment-related statute of limit…)
- Henderson v. Shinseki, 589 F.3d 1201 (Fed. Cir. 2009).published Sand & Gravel, 552 U.S. at 134, 128 S.Ct. 750 ("As convenient shorthand, the Court has sometimes referred to the time limits in [statutes of limitations] as `jurisdictional.' See, e.g., Bowles, supra, at 2364.") However, contrary to Mr. He…
- Kelly v. United States, 181 F.4th 1377 (Fed. Cir. 2026).published Sand, 552 U.S. at 137-39.
- Menominee Indian Tribe of Wisconsin v. United States, 614 F.3d 519 (D.C. Cir. 2010).published
- Kwai Wong v. David Beebe, 732 F.3d 1030 (9th Cir. 2013).published
- Strich v. United States, 793 F. Supp. 2d 1238 (D. Colo. 2011).published
- Bohrer v. City Hosp., Inc., 681 F. Supp. 2d 657 (N.D. W. Va. 2010).published
- United States v. Kwai Fun Wong, 575 U.S. 402 (2015).published
- Riley v. Bondi Revisions: 6/26/25, 606 U.S. 259 (2025).published
- Gabriela Arteaga v. United States, 711 F.3d 828 (7th Cir. 2013).published
Show 5 more citing cases
- David Merritt v. Countrywide Fin. Corporat, 759 F.3d 1023 (9th Cir. 2014).published
- Herr v. United States Forest Serv., 803 F.3d 809 (6th Cir. 2015).published
- United States v. Kwai Fun Wong. United States, 575 U.S. 402 (2015).published
- Ogburn v. United States, No. 22-2189 (Fed. Cir. Apr. 6, 2023).unpublished
- E.B. v. United States, No. 2:20-cv-00185 (W.D. Wash. Mar. 18, 2020).
128 S. Ct. at 755 Interpreting statutory limitations period as jurisdictional10 citing casesWe cannot agree with petitioner that the Court already has overturned the earlier precedent.
- West Virginia Highlands Conservancy v. Johnson, 540 F. Supp. 2d 125 (D.D.C. 2008).published (We cannot agree with petitioner that the Court already has overturned the earlier precedent.)
- Kay v. Sec'y of Health & Human Servs., 80 Fed. Cl. 601 (Fed. Cl. 2008).published
- Hardin v. Leavitt, No. 2004-1299 (D.D.C. Aug. 27, 2009).published
- Santos ex rel. Beato v. United States, 559 F.3d 189 (3d Cir. 2009).published
- Rouse v. United States Dep't of State, 548 F.3d 871 (9th Cir. 2008).published
- Rouse v. United States Dep't of State, 567 F.3d 408 (9th Cir. 2009).published
- Walton v. United States, 80 Fed. Cl. 251 (Fed. Cl. 2008).published
- Thompson v. United States, 88 Fed. Cl. 263 (Fed. Cl. 2009).published
- Rosales v. United States, 89 Fed. Cl. 565 (Fed. Cl. 2009).published
- Marley v. United States, 548 F.3d 1286 (9th Cir. 2008).published
552 U.S. at 138 Tucker Act time bar as a jurisdictional issue11 citing casesreaffirming a prior interpretation of a statute and stating that "stare decisis in respect to statutory interpretation has 'special force,' for 'Congress remains free to alter what we have done'
- Henderson v. Shinseki, 589 F.3d 1201 (Fed. Cir. 2009).published Sand & Gravel, 552 U.S. at 134, 128 S.Ct. 750 ("As convenient shorthand, the Court has sometimes referred to the time limits in [statutes of limitations] as `jurisdictional.' See, e.g., Bowles, supra, at 2364.") However, contrary to Mr. He…
- Harris v. United States, No. 24-327 (Fed. Cl. Nov. 20, 2024).unpublished
- Herr v. United States Forest Serv., 803 F.3d 809 (6th Cir. 2015).published
- Bazzo ex rel. M.B. v. United States, 494 F. App'x 545 (6th Cir. 2012).unpublished
- John Templemire v. W&M Welding, Inc., 433 S.W.3d 371 (Mo. 2014).published
- In re Upstream Addicks & Barker (Texas) Flood-Control Reservoirs v. United States, No. 17-9001 (Fed. Cl. May 24, 2018).published
- Wilkins v. United States, 598 U.S. 152 (2023).published
- Wilkins v. United States, No. 9:18-cv-00147 (D. Mont. May 26, 2020).
552 U.S. at 135 Reiterating the absolute nature of claims statute7 citing casesOver the years, the Court has reiterated . . . the more absolute nature of the court of claims limitations statute.
- Bd. of Supervisors of Issaquena Cnty. v. United States, No. 21-1415 (Fed. Cl. Dec. 3, 2024).published(Over the years, the Court has reiterated . . . the more absolute nature of the court of claims limitations statute.)
- Blue Cross & Blue Shield of Kansas City Welfare v. United States, No. 24-2317 (Fed. Cir. July 17, 2026).unpublishedKelly, slip op. at 7-13, ___ F.4th at ____ (first citing Sand, 552 U.S. at 135-39; then citing CalPERS, 582 U.S. at 509 ).
- Kelly v. United States, 181 F.4th 1377 (Fed. Cir. 2026).published Sand, 552 U.S. at 137-39.
- CORBETT v. United States, No. 25-444 (Fed. Cl. Sept. 17, 2025).unpublishedSand & Gravel Co. v. United States, 552 U.S. 130, 135-36 (2008).
- Floorpro, Inc. v. United States, 680 F.3d 1377 (Fed. Cir. 2012).published
- Webster v. United States, 90 Fed. Cl. 107 (Fed. Cl. 2009).published
- Union Pac. R.R. v. United States, 107 Fed. Cl. 76 (Fed. Cl. 2012).published
128 S. Ct. at 752 Requiring sua sponte consideration of statute of limitations4 citing cases“the question presented is whether a court must raise on its own the timeliness of a lawsuit filed in the court of federal claims, despite the government's waiver of the issue. we hold that the special statute of limitations governing the court of federal claims requires that sua sponte consideratio…”
- Bishay v. United States, No. 20-1020 (Fed. Cir. Aug. 30, 2022).unpublished “the question presented is whether a court must raise on its own the timeliness of a lawsuit filed in the court of federal claims, despite the government's waiver of the issue. we hold that the special statute of limitat…”
- David L. Henderson v. James B. Peake, 22 Vet. App. 217 (Vet. App. 2008).published
- Chisolm v. United States, 82 Fed. Cl. 185 (Fed. Cl. 2008).published
- Oenga v. United States, 83 Fed. Cl. 594 (Fed. Cl. 2008).published
552 U.S. at 140 Affirming limitations principles for government claims3 citing cases
- Bohrer v. City Hosp., Inc., 681 F. Supp. 2d 657 (N.D. W. Va. 2010).published
- Davila v. United States, No. 21-2209, 2022 WL 2827478 (Fed. Cl. July 20, 2022).unpublished
- Sierra Club v. Entergy Arkansas Inc, 503 F. Supp. 3d 821 (E.D. Ark. 2020).published
128 S. Ct. at 757 Distinguishing jurisdictional statutes of limitations from waivable defenses3 citing casesreaffirming prior precedent under principles of stare decisis that Tucker Act’s statute of limitations is “jurisdictional
- Buchmeier v. United States, 581 F.3d 561 (7th Cir. 2009).published
- Tamerlane Ltd. v. United States, 80 Fed. Cl. 724 (Fed. Cl. 2008).published
- Wright v. United States, 81 Fed. Cl. 369 (Fed. Cl. 2008).published
128 S. Ct. at 760 Revisiting precedent regarding time limits on government suits3 citing cases405, 52 S.Ct. 443, 76 L.Ed. 815 (1932) (Brandeis, J., dissenting) ("Stare decisis is not . . . a universal, inexorable command."). The policies underlying the…
- Strich v. United States, 793 F. Supp. 2d 1238 (D. Colo. 2011).published
- Hardin v. Leavitt, No. 2004-1299 (D.D.C. Aug. 27, 2009).published
- Hardin v. Jackson, 648 F. Supp. 2d 42 (D.D.C. 2009).published
This Court has long interpreted the court of claims limitations statute as ... ‘jurisdictional.’
- Pipes v. United States, 134 Fed. Cl. 380 (Fed. Cl. 2017).published (This Court has long interpreted the court of claims limitations statute as ... ‘jurisdictional.’)
- Turping v. United States, 134 Fed. Cl. 293 (Fed. Cl. 2017).published (This Court has long interpreted the court of claims limitations statute as ... ‘jurisdictional.’)
128 S. Ct. at 756 Rebutting presumptions through specific statutory language2 citing cases“stare decisis in respect to statutory interpretation has 'special force,' for 'congress remains free to alter what we have done.”
- Brown v. United States, 84 Fed. Cl. 400 (Fed. Cl. 2008).published (Specific statutory language, for example, could rebut the presumption by demonstrating Congress’ intent to the contrary.)
Other citing cases
- Graves v. United States, No. 22-2182 (Fed. Cir. Aug. 12, 2024).unpublished
- Florida Home Med. Supply, Inc. v. United States, 131 Fed. Cl. 170 (Fed. Cl. 2017).published
- Shinogee ex rel. Duffy v. Fanning, 234 F. Supp. 3d 39 (D.D.C. 2017).published
- Michelle Berezowsky v. Pablo Ojeda, 765 F.3d 456 (5th Cir. 2014).published
- Int'l Indus. Park, Inc. v. United States, 80 Fed. Cl. 522 (Fed. Cl. 2008).published
v.
UNITED STATES.
[*752] Jeffrey K. Haynes, Bloomfield Hills, MI, for Petitioner.
Malcolm L. Stewart, Washington, D.C., for Respondent.
Gregory C. Sisk, Minneapolis MN, Jeffrey K. Haynes, Keith C. Jablonski, Beier Howlett, P.C., Bloomfield Hills, MI, for Petitioner.
Paul D. Clement, Ronald J. Tenpas, Acting Assistant Attorney General, Edwin S. Kneedler, Deputy Solicitor General, Malcolm L. Stewart, Assistant to the Solicitor General, Aaron P. Avila, Attorney Department of Justice Washington, D.C., for Respondent.
Justice BREYER delivered the opinion of the Court.
The question presented is whether a court must raise on its own the timeliness of a lawsuit filed in the Court of Federal Claims, despite the Government's waiver of the issue. We hold that the special statute of limitations governing the Court of Federal Claims requires that sua sponte consideration.
I
Petitioner John R. Sand & Gravel Company filed an action in the Court of[*753] Federal Claims in May 2002. The complaint explained that petitioner held a 50-year mining lease on certain land. And it asserted that various Environmental Protection Agency activities on that land (involving, e.g., the building and moving of various fences) amounted to an unconstitutional taking of its leasehold rights.
The Government initially asserted that petitioner's several claims were all untimely in light of the statute providing that "[e]very claim of which the United States Court of Federal Claims has jurisdiction shall be barred unless the petition thereon is filed within six years after such claim first accrues." 28 U.S.C. § 2501. Later, however, the Government effectively conceded that certain claims were timely. See App. 37a-39a (Government's pretrial brief). The Government subsequently won on the merits. See 62 Fed.Cl. 556, 589 (2004).
Petitioner appealed the adverse judgment to the Court of Appeals for the Federal Circuit. See 457 F.3d 1345, 1346 (2006). The Government's brief said nothing about the statute of limitations, but an amicus brief called the issue to the court's attention. See id., at 1352. The court considered itself obliged to address the limitations issue, and it held that the action was untimely. Id., at 1353-1360. We subsequently agreed to consider whether the Court of Appeals was right to ignore the Government's waiver and to decide the timeliness question. 550 U.S. ___, 127 S.Ct. 2877, 167 L.Ed.2d 1151 (2007).
II
Most statutes of limitations seek primarily to protect defendants against stale or unduly delayed claims. See, e.g., United States v. Kubrick, 444 U.S. 111, 117, 100 S.Ct. 352, 62 L.Ed.2d 259 (1979). Thus, the law typically treats a limitations defense as an affirmative defense that the defendant must raise at the pleadings stage and that is subject to rules of forfeiture and waiver. See Fed. Rules Civ. Proc. 8(c)(1), 12(b), 15(a); Day v. McDonough, 547 U.S. 198, 202, 126 S.Ct. 1675, 164 L.Ed.2d 376 (2006); Zipes v. Trans World Airlines, Inc., 455 U.S. 385, 393, 102 S.Ct. 1127, 71 L.Ed.2d 234 (1982). Such statutes also typically permit courts to toll the limitations period in light of special equitable considerations. See, e.g., Rotella v. Wood, 528 U.S. 549, 560-561, 120 S.Ct. 1075, 145 L.Ed.2d 1047 (2000); Zipes, supra, at 393, 102 S.Ct. 1127; see also Cada v. Baxter Healthcare Corp., 920 F.2d 446, 450-453 (C.A.7 1990).
Some statutes of limitations, however, seek not so much to protect a defendant's case-specific interest in timeliness as to achieve a broader system-related goal, such as facilitating the administration of claims, see, e.g., United States v. Brockamp, 519 U.S. 347, 352-353, 117 S.Ct. 849, 136 L.Ed.2d 818 (1997), limiting the scope of a governmental waiver of sovereign immunity, see, e.g., United States v. Dalm, 494 U.S. 596, 609-610, 110 S.Ct. 1361, 108 L.Ed.2d 548 (1990), or promoting judicial efficiency, see, e.g., Bowles v. Russell, 551 U.S. ___, ___ - ___, 127 S.Ct. 2360, 2365-66, 168 L.Ed.2d 96 (2007). The Court has often read the time limits of these statutes as more absolute, say as requiring a court to decide a timeliness question despite a waiver, or as forbidding a court to consider whether certain equitable considerations warrant extending a limitations period. See, e.g., ibid.; see also Arbaugh v. Y & H Corp., 546 U.S. 500, 514, 126 S.Ct. 1235, 163 L.Ed.2d 1097 (2006). As convenient shorthand, the Court has sometimes referred to the time limits in such statutes as "jurisdictional." See, e.g., Bowles, supra, at 2364.
This Court has long interpreted the court of claims limitations statute as setting[*754] forth this second, more absolute, kind of limitations period.
A
In Kendall v. United States, 107 U.S. 123, 2 S.Ct. 277, 27 L.Ed. 437 (1883), the Court applied a predecessor of the current 6-year bar to a claim that had first accrued in 1865 but that the plaintiff did not bring until 1872. Id., at 124, 2 S.Ct. 277; see also Act of Mar. 3, 1863, § 10, 12 Stat. 767 (Rev.Stat. § 1069). The plaintiff, a former Confederate States employee, had asked for equitable tolling on the ground that he had not been able to bring the suit until Congress, in 1868, lifted a previously imposed legal disability. See 107 U.S., at 124-125, 2 S.Ct. 277. But the Court denied the request. Id., at 125-126, 2 S.Ct. 277. It did so not because it thought the equities ran against the plaintiff, but because the statute (with certain listed exceptions) did not permit tolling. Justice Harlan, writing for the Court, said the statute was "jurisdiction[al]," that it was not susceptible to judicial "engraft[ing]" of unlisted disabilities such as "sickness, surprise, or inevitable accident," and that "it [was] the duty of the court to raise the [timeliness] question whether it [was] done by plea or not." Ibid. (emphasis added).
Four years later, in Finn v. United States, 123 U.S. 227, 8 S.Ct. 82, 31 L.Ed. 128 (1887), the Court found untimely a claim that had originally been filed with a Government agency, but which that agency had then voluntarily referred by statute to the Court of Claims. Id., at 229-230, 8 S.Ct. 82 (citing Act of June 25, 1868, § 7, 15 Stat. 76-77); see also Rev. Stat. §§ 1063-1065. That Government reference, it might have been argued, amounted to a waiver by the Government of any limitations-based defense. Cf. United States v. Lippitt, 100 U.S. 663, 669, 15 Ct.Cl. 622, 25 L.Ed. 747 (1880) (reserving the question of the time bar's application in such circumstances). The Court nonetheless held that the long (over 10-year) delay between the time the claim accrued and the plaintiff's filing of the claim before the agency made the suit untimely. Finn, 123 U.S., at 232, 8 S.Ct. 82. And as to any argument of Government waiver or abandonment of the time-bar defense, Justice Harlan, again writing for the Court, said that the ordinary legal principle that "limitation. . . is a defence [that a defendant] must plead . . . has no application to suits in the Court of Claims against the United States." Id. at 232-233, 8 S.Ct. 82 (emphasis added).
Over the years, the Court has reiterated in various contexts this or similar views about the more absolute nature of the court of claims limitations statute. See Soriano v. United States, 352 U.S. 270, 273-274, 77 S.Ct. 269, 1 L.Ed.2d 306 (1957); United States v. Greathouse, 166 U.S. 601, 602, 17 S.Ct. 701, 41 L.Ed. 1130 (1897); United States v. New York, 160 U.S. 598, 616-619, 31 Ct.Cl. 459, 16 S.Ct. 402, 40 L.Ed. 551 (1896); De Arnaud v. United States, 151 U.S. 483, 495-496, 29 Ct.Cl. 555, 14 S.Ct. 374, 38 L.Ed. 244 (1894).
B
The statute's language has changed slightly since Kendall was decided in 1883, but we do not see how any changes in language make a difference here. The only arguably pertinent linguistic change took place during the 1948 recodification of Title 28. See § 2501, 62 Stat. 976. Prior to 1948, the statute said that "[e]very claim. . . cognizable by the Court of Claims, shall be forever barred" unless filed within six years of the time it first accrues. Rev. Stat. § 1069 (emphasis added); see also Act of Mar. 3, 1911, § 156, 36 Stat. 1139[*755] (reenacting the statute without any significant changes). Now, it says that "[e]very claim of which" the Court of Federal Claims "has jurisdiction shall be barred" unless filed within six years of the time it first accrues. 28 U.S.C. § 2501 (emphasis added).
This Court does not "presume" that the 1948 revision "worked a change in the underlying substantive law `unless an intent to make such a change is clearly expressed.'" Keene Corp. v. United States, 508 U.S. 200, 209, 113 S.Ct. 2035, 124 L.Ed.2d 118 (1993) (quoting Fourco Glass Co. v. Transmirra Products Corp., 353 U.S. 222, 227, 77 S.Ct. 787, 1 L.Ed.2d 786 (1957) (alterations omitted)); see also No. 308, 80th Cong., 1st Sess., pp. 1-8 (1947) (hereinafter Rep. No. 308) (revision sought to codify, not substantively modify, existing law); Barron, The Judicial Code: 1948 Revision, 8 F.R.D. 439 (1948) (same). We can find no such expression of intent here. The two linguistic forms ("cognizable by"; "has jurisdiction") mean about the same thing. See Black's Law Dictionary 991 (4th ed.1951) (defining "jurisdiction" as "the authority by which courts and judicial officers take cognizance of and decide cases" (emphasis added)); see also Black's Law Dictionary 1038 (3d ed.1933) (similarly using the term "cognizance" to define "jurisdiction"). Nor have we found any suggestion in the Reviser's Notes or anywhere else that Congress intended to change the prior meaning. See Rep. No. 308, at A192 (Reviser's Note); Barron, supra, at 446 (Reviser's Notes specify where change was intended). Thus, it is not surprising that nearly a decade after the revision, the Court, citing Kendall, again repeated that the statute's limitations period was "jurisdiction[al]" and not susceptible to equitable tolling. See Soriano, supra, at 273-274, 277, 77 S.Ct. 269.
III
In consequence, petitioner can succeed only by convincing us that this Court has overturned, or that it should now overturn, its earlier precedent.
A
We cannot agree with petitioner that the Court already has overturned the earlier precedent. It is true, as petitioner points out, that in Irwin v. Department of Veterans Affairs, 498 U.S. 89, 111 S.Ct. 453, 112 L.Ed.2d 435 (1990), we adopted "a more general rule" to replace our prior ad hoc approach for determining whether a Government-related statute of limitations is subject to equitable tolling—namely, "that the same rebuttable presumption of equitable tolling applicable to suits against private defendants should also apply to suits against the United States." Id., at 95-96, 111 S.Ct. 453. It is also true that Irwin, using that presumption, found equitable tolling applicable to a statute of limitations governing employment discrimination claims against the Government. See id., at 96, 111 S.Ct. 453; see also 42 U.S.C. § 2000e-16(c) (1988 ed.). And the Court noted that this civil rights statute was linguistically similar to the court of claims statute at issue here. See Irwin, supra, at 94-95, 111 S.Ct. 453.
But these few swallows cannot make petitioner's summer. That is because Irwin dealt with a different limitations statute. That statute, while similar to the present statute in language, is unlike the present statute in the key respect that the Court had not previously provided a definitive interpretation. Moreover, the Court, while mentioning a case that reflects the particular interpretive history of the court of claims statute, namely Soriano, 352 U.S. 270, 77 S.Ct. 269, 1 L.Ed.2d 306, says nothing at all about overturning that or any other case in that line. See 498 U.S.,[*756] at 94-95, 111 S.Ct. 453. Courts do not normally overturn a long line of earlier cases without mentioning the matter. Indeed, Irwin recognized that it was announcing a general prospective rule, see id., at 95, 111 S.Ct. 453, which does not imply revisiting past precedents.
Finally, Irwin adopted a "rebuttable presumption" of equitable tolling. Ibid. (emphasis added). That presumption seeks to produce a set of statutory interpretations that will more accurately reflect Congress' likely meaning in the mine run of instances where it enacted a Government-related statute of limitations. But the word "rebuttable" means that the presumption is not conclusive. Specific statutory language, for example, could rebut the presumption by demonstrating Congress' intent to the contrary. And if so, a definitive earlier interpretation of the statute, finding a similar congressional intent, should offer a similarly sufficient rebuttal.
Petitioner adds that in Franconia Associates v. United States, 536 U.S. 129, 122 S.Ct. 1993, 153 L.Ed.2d 132 (2002), we explicitly considered the court of claims limitations statute, we described the statute as "unexceptional," and we cited Irwin for the proposition "that limitations principles should generally apply to the Government in the same way that they apply to private parties." 536 U.S., at 145, 122 S.Ct. 1993 (internal quotation marks omitted). But we did all of this in the context of rejecting an argument by the Government that the court of claims statute embodies a special, earlier-than-normal, rule as to when a claim first accrues. Id., at 144-145, 122 S.Ct. 1993. The quoted language thus refers only to the statute's claims-accrual rule and adds little or nothing to petitioner's contention that Irwin overruled our earlier cases—a contention that we have just rejected.
B
Petitioner's argument must therefore come down to an invitation now to reject or to overturn Kendall, Finn, Soriano, and related cases. In support, petitioner can claim that Irwin and Franconia represent a turn in the course of the law and can argue essentially as follows: The law now requires courts, when they interpret statutes setting forth limitations periods in respect to actions against the Government, to place greater weight upon the equitable importance of treating the Government like other litigants and less weight upon the special governmental interest in protecting public funds. Cf. Irwin, supra, at 95-96, 111 S.Ct. 453. The older interpretations treated these interests differently. Those older cases have consequently become anomalous. The Government is unlikely to have relied significantly upon those earlier cases. Hence the Court should now overrule them.
Basic principles of stare decisis, however, require us to reject this argument. Any anomaly the old cases and Irwin together create is not critical; at most, it reflects a different judicial assumption about the comparative weight Congress would likely have attached to competing legitimate interests. Moreover, the earlier cases lead, at worst, to different interpretations of different, but similarly worded, statutes; they do not produce "unworkable" law. See United States v. International Business Machines Corp., 517 U.S. 843, 856, 116 S.Ct. 1793, 135 L.Ed.2d 124 (1996) (internal quotation marks omitted); California v. FERC, 495 U.S. 490, 499, 110 S.Ct. 2024, 109 L.Ed.2d 474 (1990). Further, stare decisis in respect to statutory interpretation has "special force," for "Congress remains free to alter what we have done." Patterson v. McLean Credit Union, 491 U.S. 164, 172-173, 109 S.Ct. 2363, 105 L.Ed.2d 132 (1989); see also[*757] Watson v. United States, ___ U.S. ___, ___, 128 S.Ct. 579, 585, ___ L.Ed.2d ___ (2007). Additionally, Congress has long acquiesced in the interpretation we have given. See ibid.; Shepard v. United States, 544 U.S. 13, 23, 125 S.Ct. 1254, 161 L.Ed.2d 205 (2005).
Finally, even if the Government cannot show detrimental reliance on our earlier cases, our reexamination of well-settled precedent could nevertheless prove harmful. Justice Brandeis once observed that "in most matters it is more important that the applicable rule of law be settled than that it be settled right." Burnet v. Coronado Oil & Gas Co., 285 U.S. 393, 406, 52 S.Ct. 443, 76 L.Ed. 815 (1932) (dissenting opinion). To overturn a decision settling one such matter simply because we might believe that decision is no longer "right" would inevitably reflect a willingness to reconsider others. And that willingness could itself threaten to substitute disruption, confusion, and uncertainty for necessary legal stability. We have not found here any factors that might overcome these considerations.
IV
The judgment of the Court of Appeals is affirmed.
It is so ordered.
Justice STEVENS, with whom Justice GINSBURG joins, dissenting.
Statutes of limitations generally fall into two broad categories: affirmative defenses that can be waived and so-called "jurisdictional" statutes that are not subject to waiver or equitable tolling. For much of our history, statutes of limitations in suits against the Government were customarily placed in the latter category on the theory that conditions attached to a waiver of sovereign immunity "must be strictly observed and exceptions thereto are not to be implied." Soriano v. United States, 352 U.S. 270, 276, 77 S.Ct. 269, 1 L.Ed.2d 306 (1957); see also Finn v. United States, 123 U.S. 227, 232-233, 8 S.Ct. 82, 31 L.Ed. 128 (1887); Kendall v. United States, 107 U.S. 123, 125-126, 2 S.Ct. 277, 27 L.Ed. 437 (1883). But that rule was ignored—and thus presumably abandoned—in Honda v. Clark, 386 U.S. 484, 87 S.Ct. 1188, 18 L.Ed.2d 244 (1967),[1] and Bowen v. City of New York, 476 U.S. 467, 106 S.Ct. 2022, 90 L.Ed.2d 462 (1986).[2]
In Irwin v. Department of Veterans Affairs, 498 U.S. 89, 95-96, 111 S.Ct. 453, 112 L.Ed.2d 435 (1990), we followed the lead of Bowen (and, by extension, Honda), and explicitly replaced the Soriano rule with a rebuttable presumption that equitable tolling rules "applicable to suits against private defendants should also apply to suits against the United States."[3] We acknowledged[*758] that "our previous cases dealing with the effect of time limits in suits against the Government [had] not been entirely consistent," 498 U.S., at 94, 111 S.Ct. 453, and we determined that "a continuing effort on our part to decide each case on an ad hoc basis . . . would have the disadvantage of continuing unpredictability without the corresponding advantage of greater fidelity to the intent of Congress," id., at 95, 111 S.Ct. 453. We therefore crafted a background rule that reflected "a realistic assessment of legislative intent," and also provided "a practically useful principle of interpretation." Ibid.
Our decision in Irwin did more than merely "mentio[n]" Soriano, ante, at 756; rather, we expressly declined to follow that case. We noted that the limitations language at issue in Irwin closely resembled the text we had confronted in Soriano; although we conceded that "[a]n argument [could] undoubtedly be made" that the statutes were distinguishable, we were "not persuaded that the difference between them [was] enough to manifest a different congressional intent with respect to the availability of equitable tolling," 498 U.S., at 95, 111 S.Ct. 453. Having found the two statutes functionally indistinguishable, we nevertheless declined the Government's invitation to follow Soriano, and we did not so much as cite Kendall or Finn. Instead, we adopted "a more general rule to govern the applicability of equitable tolling in suits against the Government," 498 U.S., at 95, 111 S.Ct. 453, and we applied the new presumption in favor of equitable tolling to the case before us.[4] Nothing in the framing of our decision to adopt a "general rule" to govern the availability of equitable tolling in suits against the Government, ibid., suggested a carve-out for statutes we had already held ineligible for equitable tolling, pursuant to the approach that we had previously abandoned in Honda and Bowen, and definitively rejected in Irwin.
Indeed, in his separate opinion in Irwin, Justice White noted that the decision was not only inconsistent with our prior cases but also that it "directly overrule[d]" Soriano. 498 U.S., at 98, 111 S.Ct. 453 (opinion concurring in part and concurring in judgment). Neither the Court's opinion nor my separate opinion disagreed with that characterization of our holding. The attempt of the Court today, therefore, to cast petitioner's argument as an entreaty to overrule Soriano, as well as Kendall and Finn—and its response that "[b]asic principles of stare decisis . . . require us to reject this argument," ante, at 756—has a hollow ring. If the doctrine of stare decisis supplied a clear answer to the question posed by this case—or if the Government[*759] could plausibly argue that it had relied on Soriano after our decision in Irwin—I would join the Court's judgment, despite its unwisdom.[5] But I do not agree with the majority's reading of our cases. It seems to me quite plain that Soriano is no longer good law, and if there is in fact ambiguity in our cases, it ought to be resolved in favor of clarifying the law, rather than preserving an anachronism whose doctrinal underpinnings were discarded years ago.[6]
With respect to provisions as common as time limitations, Congress, in enacting statutes, and judges, in applying them, ought to be able to rely upon a background rule of considerable clarity. Irwin announced such a rule, and I would apply that rule to the case before us.[7] Because today's decision threatens to revive the confusion of our pre-Irwin jurisprudence, I respectfully dissent.
Justice GINSBURG, dissenting.
I agree that adhering to Kendall, Finn, and Soriano is irreconcilable with the reasoning and result in Irwin, and therefore join Justice STEVENS' dissent. I write separately to explain why I would regard this case as an appropriate occasion to revisit those precedents even if we had not already "directly overrule[d]" them. Cf. Irwin v. Department of Veterans Affairs, 498 U.S. 89, 98, 111 S.Ct. 453, 112 L.Ed.2d 435 (1990) (White, J., concurring in part and concurring in judgment).
Stare decisis is an important, but not an inflexible, doctrine in our law. See Burnet v. Coronado Oil & Gas Co., 285 U.S. 393,[*760] 405, 52 S.Ct. 443, 76 L.Ed. 815 (1932) (Brandeis, J., dissenting) ("Stare decisis is not . . . a universal, inexorable command."). The policies underlying the doctrine—stability and predictability—are at their strongest when the Court is asked to change its mind, though nothing else of significance has changed. See Powell, Stare Decisis and Judicial Restraint, 47 Wash. & Lee L.Rev. 281, 286-287 (1990). As to the matter before us, our perception of the office of a time limit on suits against the Government has changed significantly since the decisions relied upon by the Court. We have recognized that "the same rebuttable presumption of equitable tolling applicable to suits against private defendants should also apply to suits against the United States," Irwin, 498 U.S., at 95-96, 111 S.Ct. 453, and that "limitations principles should generally apply to the Government in the same way that they apply to private parties," Franconia Associates v. United States, 536 U.S. 129, 145, 122 S.Ct. 1993, 153 L.Ed.2d 132 (2002) (internal quotation marks omitted). See also Scarborough v. Principi, 541 U.S. 401, 420-422, 124 S.Ct. 1856, 158 L.Ed.2d 674 (2004). It damages the coherence of the law if we cling to outworn precedent at odds with later, more enlightened decisions.
I surely do not suggest that overruling is routinely in order whenever a majority disagrees with a past decision, and I acknowledge that "[c]onsiderations of stare decisis have special force in the area of statutory interpretation," Patterson v. McLean Credit Union, 491 U.S. 164, 172, 109 S.Ct. 2363, 105 L.Ed.2d 132 (1989). But concerns we have previously found sufficiently weighty to justify revisiting a statutory precedent counsel strongly in favor of doing so here. First, overruling Kendall v. United States, 107 U.S. 123, 2 S.Ct. 277, 27 L.Ed. 437 (1883), Finn v. United States, 123 U.S. 227, 8 S.Ct. 82, 31 L.Ed. 128 (1887), and Soriano v. United States, 352 U.S. 270, 77 S.Ct. 269, 1 L.Ed.2d 306 (1957), would, as the Court concedes, see ante, at 756, "achieve a uniform interpretation of similar statutory language," Rodriguez de Quijas v. Shearson/American Express, Inc., 490 U.S. 477, 484, 109 S.Ct. 1917, 104 L.Ed.2d 526 (1989). Second, we have recognized the propriety of revisiting a decision when "intervening development of the law" has "removed or weakened [its] conceptual underpinnings." Patterson, 491 U.S., at 173, 109 S.Ct. 2363. Irwin and Franconia—not to mention our recent efforts to apply the term "jurisdictional" with greater precision, see, e.g., Arbaugh v. Y & H Corp., 546 U.S. 500, 515-516, 126 S.Ct. 1235, 163 L.Ed.2d 1097 (2006)—have left no tenable basis for Kendall and its progeny.
Third, it is altogether appropriate to overrule a precedent that has become "a positive detriment to coherence and consistency in the law." Patterson, 491 U.S., at 173, 109 S.Ct. 2363. The inconsistency between the Kendall line and Irwin is a source of both theoretical incoherence and practical confusion. For example, 28 U.S.C. § 2401(a) contains a time limit materially identical to the one in § 2501. Courts of Appeals have divided on the question whether § 2401(a)'s limit is "jurisdictional." Compare Center for Biological Diversity v. Hamilton, 453 F.3d 1331, 1334 (C.A.11 2006) (per curiam), with Cedars-Sinai Medical Center v. Shalala, 125 F.3d 765, 770 (C.A.9 1997). See also Harris v. Federal Aviation Admin., 353 F.3d 1006, 1013, n. 7 (C.A.D.C.2004) (recognizing that Irwin may have undermined Circuit precedent holding that § 2401(a) is "jurisdictional"). Today's decision hardly assists lower courts endeavoring to answer this question. While holding that the language in § 2501 is "jurisdictional," the Court also implies that Irwin governs the[*761] interpretation of all statutes we have not yet construed—including, presumably, the identically worded § 2401. See ante, at 756.
Moreover, as the Court implicitly concedes, see ante, at 756-757, the strongest reason to adhere to precedent provides no support for the Kendall-Finn-Soriano line. "Stare decisis has added force when the legislature, in the public sphere, and citizens, in the private realm, have acted in reliance on a previous decision, for in this instance overruling the decision would dislodge settled rights and expectations or require an extensive legislative response." Hilton v. South Carolina Public Railways Comm'n, 502 U.S. 197, 202, 112 S.Ct. 560, 116 L.Ed.2d 560 (1991). The Government, however, makes no claim that either private citizens or Congress have relied upon the "jurisdictional" status of § 2501. There are thus strong reasons to abandon—and notably slim reasons to adhere to—the anachronistic interpretation of § 2501 adopted in Kendall.
Several times, in recent Terms, the Court has discarded statutory decisions rendered infirm by what a majority considered to be better informed opinion. See, e.g., Leegin Creative Leather Products, Inc. v. PSKS, Inc., 551 U.S. ___, ___, 127 S.Ct. 2705, 2725, 168 L.Ed.2d 623 (2007) (overruling Dr. Miles Medical Co. v. John D. Park & Sons Co., 220 U.S. 373, 31 S.Ct. 376, 55 L.Ed. 502 (1911)); Bowles v. Russell, 551 U.S. ___, ___, 127 S.Ct. 2360, 2366-67, 168 L.Ed.2d 96 (2007) (overruling Thompson v. INS, 375 U.S. 384, 84 S.Ct. 397, 11 L.Ed.2d 404 (1964) (per curiam), and Harris Truck Lines, Inc. v. Cherry Meat Packers, Inc., 371 U.S. 215, 83 S.Ct. 283, 9 L.Ed.2d 261 (1962) (per curiam)); Illinois Tool Works Inc. v. Independent Ink, Inc., 547 U.S. 28, 42-43, 126 S.Ct. 1281, 164 L.Ed.2d 26 (2006) (overruling, inter alia, Morton Salt Co. v. G.S. Suppiger Co., 314 U.S. 488, 62 S.Ct. 402, 86 L.Ed. 363 (1942)); Hohn v. United States, 524 U.S. 236, 253, 118 S.Ct. 1969, 141 L.Ed.2d 242 (1998) (overruling House v. Mayo, 324 U.S. 42, 65 S.Ct. 517, 89 L.Ed. 739 (1945) (per curiam)). In light of these overrulings, the Court's decision to adhere to Kendall, Finn, and Soriano— while offering nothing to justify their reasoning or results—is, to say the least, perplexing. After today's decision, one will need a crystal ball to predict when this Court will reject, and when it will cling to, its prior decisions interpreting legislative texts.
I would reverse the judgment rendered by the Federal Circuit majority. In accord with dissenting Judge Newman, I would hold that the Court of Appeals had no warrant to declare the petitioner's action time barred.
Moreover, the logic of the "special force" of stare decisis in the statutory context is that "Congress remains free to alter what we have done," Patterson, 491 U.S., at 172-173, 109 S.Ct. 2363. But the amendment of an obscure statutory provision is not a high priority for a busy Congress, and we should remain mindful that enactment of legislation is by no means a cost-free enterprise.