TITLE

UNDER JOHN R. SAND & GRA VEL CO., MAY LOWER COURTS APPLY THEIR OWN PRECEDENT IN DETERMINING WHETHER A STATUTE WAIVING SOVEREIGN IMMUNITY IS JURISDICTIONAL?

AUTHOR(S)
Compton, Max
PUB. DATE
January 2013
SOURCE
Georgia State University Law Review;Winter2013, Vol. 29 Issue 2, p583
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
The article offers information about the U.S. Supreme Court cases on a tolling of the U.S. Federal Tort Claims Act (FTCA) statute of limitations against the government. It suggests that lower courts should equitably toll waivers of sovereign immunity and allow them to rebut the presumptions. In John R. Sand & Gravel Co. v. United States case, the Court revealed prior definitive interpretation of the statute that could rebut the presumption.
ACCESSION #
86435062

 

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