23-1011·CIVIL
Estate of Eleusipa Van Emburgh, by and through its Administrator James Michael Van Emburgh; James Michael Van Emburgh v. United States of America
Affirmed in Part
Status
- Scheduled
- Argued
- Opinion Issued (current)
Question Presented
Propriety of jurisdictional ruling based on court's finding that Plaintiffs failed to exhaust their administrative remedies prior to filing FTCA action; equitable tolling.
Argument Date
December 7, 2023
Argument Time
9:30 a.m.
Panel
II
Courtroom
Butzner Courtroom (Room 201)
Lower Court Judge
Jackson
Panel
Judge Gregory
Judge Wynn
Judge Rushing
Citation
CaseEstate of Eleusipa Van Emburgh, by and through its Administrator James Michael Van Emburgh; James Michael Van Emburgh v. United States of America, No. 23-1011 (4th Cir. Mar. 12, 2024)
PanelGregory, Wynn & Rushing, JJ.
Arguing Counsel
Panel That Day
4 of 4 cases argued December 7, 2023 before this panel have been decided.
Decided
21-7325
United States v. Antonio Davis
Authored by Judge Gregory
22-2110
Courthouse News Service v. Jacqueline Smith
Authored by Judge Rushing
22-2227
Elaine Neidig v. Valley Health System
23-1011· This case
Estate of Eleusipa Van Emburgh, by and through its Administrator James Michael Van Emburgh; James Michael Van Emburgh v. United States of America
Authored by Judge Wynn
Opinions
- Read opinion ↗March 12, 2024Majorityby Wynn
- Read opinion ↗March 12, 2024Dissentby Rushing
Disposition
- Court
- Affirmed in part, reversed in part, and remanded
- Normalized
- Affirmed in Part
March 12, 2024