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RAPLEE v. U.S.

No. 14-1217.

842 F.3d 328 (2016)

John David RAPLEE, Jr., Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee. Maryland Association for Justice, Amicus Supporting Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: November 22, 2016.

Attorney(s) appearing for the Case

ARGUED: L. Palmer Foret , Ashcraft & Gerel, LLP, Rockville, Maryland, for Appellant. Neil R. White , Office of the United States Attorney, Greenbelt, Maryland, for Appellee. ON BRIEF: Wayne Mansulla , Peter T. Anderson , Ashcraft & Gerel, LLP, Rockville, Maryland, for Appellant.

Rod J. Rosenstein , United States Attorney, Office of the United States Attorney, Baltimore, Maryland, for Appellee. Michael J. Winkelman , McCarthy & Winkelman LLP, Lanham, Maryland, for Amicus Curiae.

Affirmed by published opinion. Judge Motz wrote the opinion, in which Judge Niemeyer and Senior Judge Davis joined.

John Raplee challenges the dismissal of his Federal Tort Claims Act ("FTCA") complaint as untimely. In compliance with state law, Raplee initially filed a medical malpractice claim with Maryland's alternative dispute resolution agency. Although he filed with the state agency within the FTCA's limitations period...

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