28 CFR 14.2 - Administrative claim; when presented

Cite as28 CFR 14.2
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966 practice notes
  • Lipkin v. U.S. S.E.C., No. 06 CIV.0939 RJH.
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • 22 Diciembre 2006
    ...a "claim for a sum certain and therefore did not constitute the filing of a formal administrative claim for FTCA purposes"); 28 C.F.R. § 14.2(a) (requiring presentation of "an executed Standard Form 95 or other written notification of an incident, accompanied by a claim for m......
  • Gallegos v. Maureen Wood, M.D., Med. Doctor Assocs., LLC, No. CIV 13-1055 JB/KBM
    • United States
    • United States District Courts. 10th Circuit. District of New Mexico
    • 31 Marzo 2016
    ...that there is no provision allowing amendments after final agency action on a claim under the FTCA. See Initial Motion at 8 (citing 28 C.F.R. § 14.2(c)("A claim presented in compliance with paragraph (a) of this section may be amended by the claimant at any time prior to final agency a......
  • Douglas v. O'Neal, CIVIL ACTION NO. 1:17-CV-00808
    • United States
    • United States District Courts. 5th Circuit. United States District Courts. 5th Circuit. Western District of Louisiana
    • 23 Agosto 2018
    ...a sum certain for injury to or loss of property, personal injury, or death alleged to have occurred by reason of the incident." 28 C.F.R. § 14.2(a). Thus, before bringing an action in federal district court under the FTCA, Plaintiffs must fully exhaust all administrative remedies. See ......
  • Reilly v. US, Civ. A. No. 85-0748 P.
    • United States
    • United States District Courts. 1st Circuit. United States District Courts. 1st Circuit. District of Rhode Island
    • 28 Julio 1987
    ...or their judicial construction. The relevant regulations make no mention of a separate form requirement for joint claimants. See 28 C.F.R. §§ 14.2-14.4 (administrative claim requirements under the FTCA); 32 C.F.R. §§ 750.33 — 750.34 (Navy regulations governing FTCA administrative claims). A......
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963 cases
  • Gallegos v. Maureen Wood, M.D., Med. Doctor Assocs., LLC, No. CIV 13-1055 JB/KBM
    • United States
    • United States District Courts. 10th Circuit. District of New Mexico
    • 31 Marzo 2016
    ...that there is no provision allowing amendments after final agency action on a claim under the FTCA. See Initial Motion at 8 (citing 28 C.F.R. § 14.2(c)("A claim presented in compliance with paragraph (a) of this section may be amended by the claimant at any time prior to final agency action......
  • Reilly v. US, Civ. A. No. 85-0748 P.
    • United States
    • United States District Courts. 1st Circuit. United States District Courts. 1st Circuit. District of Rhode Island
    • 28 Julio 1987
    ...or their judicial construction. The relevant regulations make no mention of a separate form requirement for joint claimants. See 28 C.F.R. §§ 14.2-14.4 (administrative claim requirements under the FTCA); 32 C.F.R. §§ 750.33 — 750.34 (Navy regulations governing FTCA administrative claims). A......
  • Andrade v. Chojnacki, Civil Nos. W-96-CA-139 to W-96-CA-147.
    • United States
    • United States District Courts. 5th Circuit. Western District of Texas
    • 1 Julio 1999
    ...were dated in December of 1994. In such cases, the time within which suit may be brought runs from the date of the amended claim. 28 C.F.R. § 14.2(c). The FBI and ATF received new claims presented on behalf of eight others dated in February of 1995, approximately one month after the Ferguso......
  • Tesh v. U.S. Postal Service, No. 01-CV-0099-EA(J).
    • United States
    • United States District Courts. 10th Circuit. Northern District of Oklahoma
    • 26 Marzo 2002
    ...in sum certain for injury to or loss of property, personal injury, or death alleged to have occurred by reason of the incident." 28 C.F.R. § 14.2(a). "[B]ringing an administrative claim is a jurisdictional prerequisite to suit, imposed by Congress, which the courts have no power to waive." ......
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1 books & journal articles
  • 11-12 (2000). Article Title: The Federal Tort Claims Act in Utah: A Primer.
    • United States
    • Utah Bar Journal Nbr. 2000, January 2000
    • 1 Enero 2000
    ...Function Exception to the Federal Tort Claims Act, 26 Ga. L. Rev 837, 837 (1992).4 Id.5 28 U.S.C.A. § 1346(b)(1) (West Supp. 2000).6 28 C.F.R. § 14.2(a) (1999).7 Standard Form 95 is available at ‹http://www.usdoj.gov/civil/forms/forms.htm›.8 28 C.F.R. § 14.2(b)(1) (1999); see 28 U.S.C.A. § ......

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