46 C.F.R. § 327.8
Court action
No seamen, their surviving dependents and beneficiaries, or their legal representatives may institute a court action unless such claim has been prepared and filed in accordance with §§ 327.4 and 327.5 and was administratively disallowed in accordance with § 327.6 or § 327.7.
Notes of Decisions
Cited in 3
cases (1 in the last 5 years), 1993–2022 · leading case: Morales v. United States, 866 F. Supp. 84 (E.D.N.Y 1993).
Morales v. United States, 866 F. Supp. 84 (E.D.N.Y 1993). “The Act provides in relevant part that such claims, “if administratively disallowed in whole or in part, be enforced pursuant to the provisions of the Suits in Admiralty Act---When used in this subsection the term ‘administratively disallowed’ means a denial of a written claim…”
Kelly v. United States of Am. (D. Maryland 2022). “46 C.F.R. § 327.8 (a). This process must happen within the SAA’s two-year statute of limitations.”
Hebert v. United States, 862 F. Supp. 137 (E.D. Tex. 1994). “6 , 327.7. This act or failure to act functions as an administrative disallowance.”
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