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044155P.pdf 04/06/2006 T.L. v. USA
U.S. Court of Appeals Case No: 04-4155
Eastern District of Missouri
[PUBLISHED] [Colloton, Author, with Riley and Hansen, Circuit Judges]
Civil case - Federal Torts Claims Act. The FCTA statute of limitations
is a jurisdictional prerequisite rather than an affirmative defense;
considerations of equitable tolling make up part of the court's
determination whether an action falls within the scope of the waiver of
sovereign immunity granted by Congress and thus within in the scope of
jurisdiction of the federal courts; district court's finding that
plaintiff was aware of her child's brain injury on December 18,1997 and
that her claim accrued on that date was not clearly erroneous; plaintiff
failed to establish any basis for tolling the statute of limitations,
and the district court did not err in finding the claim was time-barred.