United States First Circuit

Outside the medical malpractice context, a claim accrues under the Federal Tort Claims Act once a plaintiff knows, or in the exercise of reasonable diligence should know of, (1) her injury and (2) sufficient facts to permit a reasonable person to believe that there is a causal connection between the government and her injury.

Appellate Information

• Decided 09/15/2003
• Published 09/15/2003

Judges

• LIPEZ, Circuit Judge., Before BOUDIN, Chief Judge, TORRUELLA and LIPEZ, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• John M. Callahan, with whom Stephen R. Kaplan, David C. Kuzmeski, and Growhoski & Callahan were on brief, for appellants., John Corey, Judge Advocate, Erik Lund, George A. Berman, Susan S. Riedel, and Posternak, Blankstein & Lund LLPfor amicus curiae American Legion, in support of appellants.


• For Appellees:
  
• Richard A. Olderman, with whom Robert D. McCallum, Jr., Assistant Attorney General, Michael J. Sullivan, United States Attorney, and Robert S. Greenspan were on brief, for appellee.