Equitable Tolling Available Under The Federal Tort Claims Act.

There is a conflict among the federal circuit courts whether the timing of suits against the United States government is jurisdictional or subject to equitable tolling. The Ninth Circuit joined with several other circuits in concluding 28 U.S.C. § 2401(b) is subject to equitable tolling under some circumstances. In the instant matter, the Ninth Circuit noted the late filing “was not the consequence of any fault or lack of diligence” on the part of the plaintiff. (Wong v. Beebe; United States of America (Ninth Cir.; October 9, 2013) 732 F.3d 1030.