Irwin v. Department of Veterans Affairs
| Irwin v. Department of Veterans Affairs | |
|---|---|
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| Argued October 1, 1990 Decided December 3, 1990 | |
| Full case name | Shirley W. Irwin, Petitioner v. Department of Veterans Affairs et al. |
| Citations | 498 U.S. 89 (more) |
| Argument | Oral argument |
| Case history | |
| Prior | 874 F.2d 1092 (CA5 1989) |
| Holding | |
| Statutes of limitations in actions against the Government are subject to the same rebuttable presumption of equitable tolling applicable to suits against private defendants. | |
| Court membership | |
| |
| Case opinions | |
| Majority | Rehnquist, joined by Blackmun, O'Connor, Scalia, Kennedy |
| Concurrence | White (in part and in judgment), joined by Marshall |
| Souter took no part in the consideration or decision of the case. | |
Irwin v. Department of Veterans Affairs, 498 U.S. 89 (1990), was a 1990 United States Supreme Court case concerning tolling of limitations statutes in litigation against the federal government. The Court held that suits against the government were subject to the same presumption of equitable tolling as are suits against private parties.[1]
References
- ^ Wexler, Elana (2006-01-01). "Section 2401(B) Reconfigured: Irwin v. Department of Veterans Affairs Leads to the Right Result for the Wrong Reasonss". Fordham Law Review. 74 (5): 2927.
External links
- Text of Irwin v. Department of Veterans Affairs is available from: Cornell Findlaw Google Scholar Justia Library of Congress Oyez (oral argument audio)
