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BENNETT v. UNITED STATES

No. 21-35941.

44 F.4th 929 (2022)

Bette BENNETT, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 11, 2022.

Attorney(s) appearing for the Case

Daniel Tenny (argued) and Mark B. Stern , Appellate Staff; Nicholas W. Brown , United States Attorney; Brian M. Boynton , Acting Assistant Attorney General; Civil Division, United States Department of Justice, Washington, D.C.; for Defendant-Appellant.

Darrin E. Bailey (argued), Bailey Onsager PC. Seattle, Washington, for Plaintiff-Appellee.

Before: Richard R. Clifton and Patrick J. Bumatay, Circuit Judges, and Richard Seeborg, District Judge.

OPINION

This interlocutory appeal presents the question of whether the claims presentation timing requirements of the Federal Tort Claims Act (FTCA) override a state statute of repose. While there is no dispute that the FTCA's timing provisions act as a statute of limitations that supersedes any state statute of...

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