Adams v. United States
658 F.3d 928
| 9th Cir. | 2011Background
- BLM applied Oust to about 70,000 acres in Idaho to combat a severe wildfire cycle; wind carried some onto nearby private farmland, causing crop damage.
- 134 farmers sued the United States and DuPont; the district court Adopted a bellwether plan and conducted a 16-week trial against both defendants; the jury issued an advisory verdict allocating 60% fault to DuPont and 40% to the government.
- Under the FTCA, claimants must file suit within six months after administrative denial mailed; ISDA and others investigated crop damage; August 5, 2002 denial letters were issued.
- Letters were sent via certified mail using Form 3800/3877; two farmers were omitted from Form 3800 mailing; the district court concluded some letters did not qualify as certified mail, affecting tolling periods.
- On remand, the district court concluded all letters used a certified-mail method; Ninth Circuit ultimately held that the FTCA statute of limitations was not triggered for all claims because the letters were mailed by certified mail, causing dismissal of the FTCA claims for lack of jurisdiction.
- The court limited its discussion to the jurisdictional question, noting that it would not address discretionary-function exception since the statute of limitations forecloses jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| FTCA tolling via certified mail was proper? | Clinger argues BLM failed to certify mail for most letters, so six-month period not triggered. | Government contends all letters were mailed using certified mail methods, triggering the six-month period. | FTCA claims barred; letters met certified-mail requirements; no jurisdiction. |
Key Cases Cited
- Raddatz v. United States, 750 F.2d 791 (9th Cir. 1984) (government cannot invoke limitations if certified mailing not satisfied)
- Flory v. United States, 138 F.3d 157 (5th Cir. 1998) (certified-mail requirement applies to FTCA timing)
- Miller v. United States, 741 F.2d 148 (7th Cir. 1984) (strict compliance with certified mailing to trigger limitations)
- Marley v. United States, 567 F.3d 1030 (9th Cir. 2009) (FTCA limitations not subject to equitable tolling)
- Atwood v. Fort Peck Tribal Court Assiniboine, 513 F.3d 943 (9th Cir. 2008) (jurisdictional review standard)