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← 248 FSUPP 310 - Kilduff v. United States

Kilduff v. United States’s Empirical Analysis

1961

Citation profile

11
cited by 11 later decisions
1
states following
December 1980
most recently cited

1 state decisions

Relationships

Applies 28 U.S.C. § 1346 (Federal Tort Claims Act) · 28 U.S.C. § 1406 · 28 U.S.C. § 2401

Relies on Feres v. United States · Holmberg v. Armbrecht · Urie v. Thompson · Glus v. Brooklyn Eastern District Terminal · United States v. Brown

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. ““Even if the continued failure of the Government to uncover the report was deliberate, constituting fraud as the plaintiff avers, the concealment did not intermit the limitation’s accrual. The Federal Tort Claims Act, in section 2680(h), Title 28, U.S.C., reserves to the United States its immunity from suit for deceit. The evident purpose of the exception is to exempt the United States from responsibility for deception on the part of any of its employees, servants or agents. To toll the limitation of the Act by reason of any lack of frankness of the examining physician here, would be to open the Government to suit because of his deceit. . The very spirit and intent of these exceptive provisions of the Act are violated if the maintenance of an action is in any degree whatsoever dependent upon the assertion of fraud.””
    1 later decision quote this exact passage · from the majority

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.