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28 USC 2401

The following summaries are of recent published decisions of the California appellate courts, the Ninth Circuit, and the United States Supreme Court. The summaries are presented without regard to whether Severson & Werson represented a party in the case.

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Corner Post, Inc. v. Board of Governors (2024) 144 S.Ct. 2440

A claim under the Administrative Procedure Act that a federal administrative agency's regulation is contrary to the enabling statute must be filed within 6 years after the claim accrues.  28 USC 2401.  This decision holds that the claim accrues and the six years begins to run when the plaintiff is injured by the challenged regulation--since before then, the plaintiff lacks… Read More