Justia U.S. 5th Circuit Court of Appeals Opinion Summaries

Plaintiff brought a Federal Tort Claims Act (FTCA), 28 U.S.C. 2671-2680, action on behalf of her minor son against the government for injuries allegedly related to his exposure to potentially dangerous, high levels of formaldehyde in their Federal Emergency Management Agency (FEMA) provided emergency housing unit (EHU). At issue was whether the district court properly dismissed plaintiff's claim for lack of subject matter jurisdiction because the claim was time-barred. The court held that neither the discovery rule, equitable estoppel, or the continuing tort doctrine applied in this case and therefore, plaintiff's FTCA claim accrued in May 2006 and her July 2008 administrative filing was untimely. Accordingly, the court affirmed the district court's dismissal of the case for lack of subject matter jurisdiction.