United States Eighth Circuit

The Federal Tort Claims Act's statute of limitations is a jurisdictional prerequisite rather than an affirmative defense, and considerations of equitable tolling make up part of a court's determination of whether an action falls within the scope of the waiver of sovereign immunity granted by Congress.

Appellate Information

• Decided 04/06/2006
• Published 04/06/2006

Judges

• COLLOTON, Circuit Judge., Before RILEY, HANSEN, and COLLOTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Randall L. Rhodes, argued, Kansas City, MO (Evan A. Douthit, Kansas City, on the brief), for appellant.


• For Appellees:
  
• Nicholas P. Llewellyn, argued, Asst. U.S. Attorney, St. Louis, MO, for appellee.