Articles Posted in U.S. 2nd Circuit Court of Appeals

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Plaintiff, as the administrator of his sister's estate, sued defendant in Connecticut state court, alleging that it negligently failed to timely diagnose the colon cancer that caused her death. Defendant removed the case to federal court. On appeal, plaintiff challenged the district court's dismissal of his medical malpractice claim for lack of subject matter jurisdiction. The court concluded that the district court may have mistakenly interpreted its precedent in A.Q.C. ex rel. Castillo v. United States, which held that it was not an abuse of discretion to deny equitable tolling to a plaintiff whose law firm did "literally nothing" to determine the federal status of plaintiff's health care provider; the district court did not fully consider whether, despite the differences between this case and A.Q.C., plaintiff's lawyers had reason to know that they should have investigated defendant's federal status; and, therefore, the court remanded for reconsideration because it could not be certain on the present record whether the district court's decision should be affirmed under the correct legal standard. View "Phillips v. Generations Family Health Center" on Justia Law

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This case arose when plaintiff, by her mother and natural guardian, brought a medical malpractice action under the Federal Tort Claims Act (FTCA), 28 U.S.C. 1346, 2401, 2671-2680, claiming that the injury plaintiff sustained at birth might have been caused by her doctor. At issue was whether plaintiff's claim was "forever barred" by the FTCA's two-year statute of limitations period. The court held that, because plaintiff failed to comply with the two-year limitations period set out in section 2401(b) and because equitable tolling, even if available, was unwarranted, the judgment of the district court dismissing the complaint as untimely was affirmed. View "A.Q.C. v. United States" on Justia Law