United States v. Kubrick: Scope and Application

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Abstract:

This thesis examines the federal court treatment given the FTCA statute at limitations claim accrual standard promulgated by the United States Supreme Court in United States V. Kubrick. It reviews decisions regarding the scope and application at the accrual standard, knowledge required to trigger claim accrual, components at the standard, the effect at lack of knowledge of the governments part in causing injury, the effect at various types at government conduct on claim accrual under the standard, and modifications or extentions courts made in the standard. It concludes that some courts have not given Kubrick the broad scope the Supreme Court intended. Nor have some courts heeded the Kubrick Courts admonition to apply the FTCA statute of limitations to protect only an injured party who is blamelessly ignorant of his claim.

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