green
Positive treatment
Hot · 42 in 5y
Quoted verbatim 6×
75.8 score
“ailure to comply with the ftca's statute of limitations means that the district court lacks subject matter jurisdiction to entertain the suit and must dismiss it.”
Treatment trajectory · 2003 → 2026 · click a year to view as-of
2003
2014
2026
Top citers, strongest first. 50 distinct citers.
examined
Cited as authority (verbatim quote)
LAUZON v. DODD
(3×)
also: Cited as authority (rule)
nder the discovery rule, definitive proof of wrongful conduct and government liability is not required to start the period for filing a claim.
discussed
Cited as authority (verbatim quote)
Salls v. Digital Federal Credit Union
lower federal courts 'generally apply a discovery rule when a statute is silent on the issue.
examined
Cited as authority (verbatim quote)
Morales-Melecio v. United States
(4×)
also: Cited as authority (rule), Cited "see", Cited "see, e.g."
a cause of action for death is complete when death occurs.
discussed
Cited as authority (verbatim quote)
Yacubian v. United States
(2×)
also: Cited as authority (rule)
one does not have to be certain of actionability in order to submit an administrative claim.
discussed
Cited as authority (quoted)
Salls v. Digital Fed. Credit Union
lower federal courts 'generally apply a discovery rule when a statute is silent on the issue.
discussed
Cited as authority (quoted)
Calderón-López v. United States
(2×)
also: Cited "see, e.g."
ailure to comply with the ftca's statute of limitations means that the district court lacks subject matter jurisdiction to entertain the suit and must dismiss it.
discussed
Cited as authority (rule)
Urizar-Mota v. United States
"For a putative plaintiff to preserve his or her legal rights in the context of the FTCA, he or she must . . . file an administrative claim indicating: '(1) sufficient information for the agency to investigate the claims, and (2) the amount of damages sought.'" Ouellette v. Beaupre, 977 F.3d 127, 141 (1st Cir. 2020) (quoting Skwira v. United States, 344 F.3d 64, 70 (1st Cir. 2003) (emphasis added)); see 28 C.F.R. § 14.2 (a).
cited
Cited as authority (rule)
Soto v. of Puerto Rico
McCulloch v. Velez, 364 F.3d 1, 5 (1st Cir. 2004); Skwira v. United States, 344 F.3d 64, 71 (1st Cir. 2003); Murphy v. United States, 45 F.3d 520, 522 (1st Cir. 1995).
cited
Cited as authority (rule)
Mango Labs, LLC v. Kramer
McCulloch v. Velez, 364 F.3d 1, 5 (1st Cir. 2004); Skwira v. United States, 344 F.3d 64, 71 (1st Cir. 2003); Murphy v. U.S., 45 F.3d 520, 522 (1st Cir. 1995).
examined
Cited as authority (rule)
O'Brien v. United States
(4×)
also: Cited "see"
Skwira v. United States, 344 F.3d 64, 72 (1st Cir. 2003).
cited
Cited as authority (rule)
Kennedy v. Osmanski, III
Skwira v. United States, 344 F.3d 64, 72 (1st Cir. 2003) (citing United States v. Mitchell, 445 U.S. 535, 538 (1980)).
cited
Cited as authority (rule)
Smith v. United States
Skwira v. United States, 344 F.3d 64, 73 (1st Cir. 2003) (citing United States v. Kubrick, 444 U.S. 111, 113 (1979)).
discussed
Cited as authority (rule)
Lawrence v. Dejoy
“It is ‘elementary’ that the United States, as sovereign, is immune from suit unless it has consented to be sued.” Skwira v. United States, 344 F.3d 64, 72 (1st Cir. 2003) (quoting United States v. Mitchell, 445 U.S. 535, 538 (1980)); see also FAA v. Cooper, 566 U.S. 284, 290 (2012) (“[A] waiver of sovereign immunity must be ‘unequivocally expressed’ in statutory text.”).
discussed
Cited as authority (rule)
Lisi v. Federal Bureau of Prisons
“Once a duty to inquire is established, the plaintiff is charged with the knowledge of what he or she would have uncovered through a reasonably diligent investigation.” McIntyre, 367 F.3d at 52 (citing Skwira v. United States, 344 F.3d 64, 77 (1st Cir. 2003)).
cited
Cited as authority (rule)
SHUTE v. PROVINCE OF NEW BRUNSWICK
Skwira v. United States, 344 F.3d 64, 71 (1st Cir. 2003).
cited
Cited as authority (rule)
LaBonte v. Riverside Park Enterprises, Inc
Skwira v. United States, 344 F.3d 64, 71-72 (1st Cir. 2003).
cited
Cited as authority (rule)
William Spencer & Spencer Brothers LLC v. P U.S. Department of Transportation, et al.
Skwira v. United States, 344 F.3d 64, 72 (1st Cir. 2003).
cited
Cited as authority (rule)
Spencer v. US Department of Transportation
Skwira v. United States, 344 F.3d 64, 72 (1st Cir. 2003).
cited
Cited as authority (rule)
HOSPITAL AMERIMED CANCUN S A DE C V v. MARTINS POINT HEALTH CARE INC
Skwira v. United States, 344 F.3d 64, 71 (1st Cir. 2003).
cited
Cited as authority (rule)
HOSPITAL QUIRURGICA DEL SUR v. MARTINS POINT HEALTH CARE INC
Skwira v. United States, 344 F.3d 64, 71 (1st Cir. 2003).
discussed
Cited as authority (rule)
Doe v. UMass - Amherst
Importantly, “the knowledge which triggers accrual (and hence the running of the statute of limitations) is the discovery of sufficient facts about the injury and its cause to prompt a reasonable person to inquire and seek advice,” Skwira v. United States, 344 F.3d 64, 78 (1st Cir. 2003) (emphasis added), not the plaintiff’s knowledge or discovery of the law, as Plaintiff argues.
discussed
Cited as authority (rule)
Doe v. UMass - Amherst
Importantly, “the knowledge which triggers accrual (and hence the running of the statute of limitations) is the discovery of sufficient facts about the injury and its cause to prompt a reasonable person to inquire and seek advice,” Skwira v. United States, 344 F.3d 64, 78 (1st Cir. 2003) (emphasis added), not the plaintiff’s knowledge or discovery of the law, as Plaintiff argues.
discussed
Cited as authority (rule)
Krick v. Raytheon Company
(2×)
Skwira v. United States, 344 F.3d 64, 74 (1st Cir. 2003).
cited
Cited as authority (rule)
VANETTEN v. DAIGLE
Skwira v. United States, 344 F.3d 64, 71 (1st Cir. 2003).
cited
Cited as authority (rule)
DESMARAIS v. HAMILTON
Skwira v. United States, 344 F.3d 64, 71 (1st Cir. 2003).
discussed
Cited as authority (rule)
Roldon-Barrios v. Department of Veterans Affairs
(2×)
also: Cited "see"
Importantly, “definitive knowledge of the cause of injury is not required to trigger the accrual of a medical malpractice claim . . .” Skwira v. United States, 344 F.3d 64, 78 (1st Cir. 2003).
cited
Cited as authority (rule)
Quiles-Quiles v. United States
Skwira v. United States, 344 F.3d 64, 71 (1st Cir. 2003).
discussed
Cited as authority (rule)
Solimino v. Target Corporation
To the contrary, “[i]n a situation where the parties dispute the predicate facts allegedly giving rise to the court’s jurisdiction, the district court will often need to engage in some preliminary fact-finding.” Skwira v. United States, 344 F.3d 64, 71-72 (1st Cir. 2003).
cited
Cited as authority (rule)
ABDI v. TEPLER
Skwira v. United States, 344 F.3d 64, 71 (1st Cir. 2003).
cited
Cited as authority (rule)
BAILEY v. DEJOY
Skwira v. United States, 344 F.3d 64, 71 (1st Cir. 2003). 2.
examined
Cited as authority (rule)
Ouellette v. Beaupre
(3×)
also: Cited "see", Cited "see, e.g."
See id. at 11, 19 (extortion); Skwira, 344 F.3d at 67-68, 74-75 (wrongful - 17 - ignorance of the facts, including an injury and its cause, and ignorance of the law.
cited
Cited as authority (rule)
Jay Redford v. U.S. Department of Housing and Urban Development, et al.
Skwira v. United States, 344 F.3d 64, 72 (1st Cir. 2003).
cited
Cited as authority (rule)
Redford v. US Department of Housing and Urban Development
Skwira v. United States, 344 F.3d 64, 72 (1st Cir. 2003).
cited
Cited as authority (rule)
KNOX v. ALLSTATE PROPERTY AND CASUALTY INSURANCE COMPANY
Skwira v. United States, 344 F.3d 64, 71 (1st Cir. 2003).
cited
Cited as authority (rule)
GOGUEN v. United States
Skwira v. United States, 344 F.3d 64, 71 (1st Cir. 2003).
discussed
Cited as authority (rule)
Alvisuriz v. Bjorkman
“It is ‘elementary’ that the United States, as sovereign, is immune from suit unless it has consented to be sued.” Skwira v. United States, 344 F.3d 64, 72 (1st Cir. 2003) (quoting United States v. Mitchell, 445 U.S. 535, 538 (1980)).
cited
Cited as authority (rule)
Mello v. United States
Skwira v. United States, 344 F.3d 64, 73 (1st Cir. 2003).
examined
Cited as authority (rule)
FRECHETTE v. GAUDETTE
(5×)
also: Cited "see"
Skwira v. United States, 344 F.3d 64, 77 (1st Cir. 2003).
examined
Cited as authority (rule)
OUELLETTE v. GAUDETTE
(5×)
also: Cited "see"
Gonzalez, 284 F.3d at 289 . 2 The federal discovery rule allows courts to be “slightly more forgiving” in cases when “the identity of the individual(s) responsible for an injury [is] less evident” and the circumstances that gave rise to the injury did not give the plaintiff “reason to suspect governmental involvement.” Skwira v. United States, 344 F.3d 64, 77 (1st Cir. 2003).
discussed
Cited as authority (rule)
CARPENTER v. United States
The plaintiff, as “the party invoking the jurisdiction of a federal court[,] carries the burden of proving its existence.” Skwira v. United States, 344 F.3d 64, 71 (1st Cir. 2003) (quoting Murphy v. United States, 45 F.3d 520, 522 (1st Cir. 1995)).
discussed
Cited as authority (rule)
Barrigas v. United States of America
Plaintiff, as “the party invoking the jurisdiction of a federal court[,] carries the burden of proving its existence.” Skwira v. United States, 344 F.3d 64, 71 (st Cir. 2003) (citation and quotation marks omitted).
cited
Cited as authority (rule)
Clean Water Action v. Searles Auto Recycling, Corp.
Skwira v. United States, 344 F.3d 64, 71-2 (1st Cir. 2003).
discussed
Cited as authority (rule)
Irish v. Irish
A district court’s “conclusion regarding the existence vel non of subject matter jurisdiction is a question of law subject to de novo review.” Skwira v. United States, 344 F.3d 64, 72 (1st Cir. 2003).
cited
Cited as authority (rule)
Trafon Group, Inc. v. Butterball, LLC
See Montalvo v. González-Amparo, 587 F.3d 43 , 46 (1st Cir.2009); Skwira v. United States, 344 F.3d 64, 72 (1st Cir.2003).
cited
Cited as authority (rule)
Alers v. Barceló
Skwira v. United States, 344 F.3d 64, 71 (1st Cir.2003).
discussed
Cited as authority (rule)
Lukas v. United States
“It is ‘elementary’ that the United States, as sovereign, is immune from suit unless it has consented to be sued.” Skwira v. United States, 344 F.3d 64, 72 (1st Cir.2003) (quoting United States v. Mitchell, 445 U.S. 535, 538 , 100 S.Ct. 1349 , 63 L.Ed.2d 607 (1980)).
discussed
Cited as authority (rule)
Sheldon Stephens v. Kevin Clash
X v. Multi-Vision Elecs., Inc., 491 F.3d 938 , 944 (8th Cir.2007))); Skwira v. United States, 344 F.3d 64, 73-74 (1st Cir.2003) (holding discovery rule applicable to wrongful death claims under the Federal Tort Claims Act (FTCA) despite statutory language indicating that such claims “shall be forever barred” absent written notice “within two years after such claim accrues” (quoting 28 U.S.C. § 2401 (b))); cf. Plaza Speedway Inc. v. United States, 811 F.3d 1262 , 1267-68 (10th Cir.2002) (noting that “the general statute of limitations accrual rule in non-medical malpractice FTCA case…
discussed
Cited as authority (rule)
Pipitone v. City of New York
“Once a duty to inquire is established, the plaintiff is charged with the knowledge of what he or she would have uncovered through a reasonably diligent investigation.” McIntyre, 367 F.3d at 52 (citing Skwira v. United States, 344 F.3d 64, 77 (1st Cir.2003)).
discussed
Cited as authority (rule)
United States v. Steward
See also F.D.I.C. v. Meyer, 510 U.S. 471, 475 , 114 S.Ct. 996 , 127 L.Ed.2d 308 (1994) (“Absent a waiver, sovereign immunity shields the Federal Government and its agencies fromsuit.”); United States v. Mitchell, 445 U.S. 535, 538 , 100 S.Ct. 1349 , 63 L.Ed.2d 607 (1980) (noting that there is no jurisdiction “[i]n the absence of clear congressional consent”); Callahan v. United States, 426 F.3d 444, 450 (1st Cir.2005) (quoting Skwira v. United States, 344 F.3d 64, 72 (1st Cir.2003)) (“It is ‘elementary’ that the United States, as sovereign, is immune from suit unless it has conse…
Skwira
v.
United States
v.
United States
02-1988.
Court of Appeals for the First Circuit.
Sep 15, 2003.
Cited by 163 opinions | Published
Citer courts: U.S. District Court (1)
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