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Deadlines for suing the government

United States v. Kwai Fun Wong

Updated Oct 22, 2026

In brief

The Court said FTCA filing deadlines can be extended in appropriate circumstances and returned Wong’s case to the lower court.

Where it stands
Decided

Decided 5-4 · April 22, 2015 · Opinion by Justice Kagan

What it’s about
Kwai Fun Wong's claim against the United States raised whether the deadline for suing under the Federal Tort Claims Act could be extended in appropriate circumstances (equitable tolling).
Who it affects
Courts may extend FTCA filing deadlines in appropriate circumstances for people bringing claims against the United States.

Summary: written with AI from the case record.

Illustration for United States v. Kwai Fun Wong
Conceptual illustration · AI-generated

What it's about

The Supreme Court said it could, agreed with the lower-court judgment, and sent the case back to the lower court (remanded).

The FTCA permits certain claims against the United States but sets deadlines for filing them.

Question presented

1. Whether the FTCA’s filing deadlines are subject to equitable tolling. 2. Whether the deadlines are “jurisdictional” in nature, so that courts are without power to adjudicate claims filed outside their strict limits. 3. if they are not jurisdictional, whether the statute nonetheless prohibits equitable tolling.

What the Court decided

Holding

Section 2401(b)’s time limits are subject to equitable tolling. 505, affirmed and remanded.

Result
Affirmed

The vote

  • Joined the judgment
  • Dissented
  • Wrote an opinion
Majority · 5joined the Court's opinion
  1. Breyer
  2. Kaganwrote the opinion
  3. Kennedy
  4. Ginsburg
  5. Sotomayor
Dissenting · 4disagreed with the result
  1. Thomas
  2. Scalia
  3. Roberts
  4. Alitowrote the dissent
5 justices joined the judgment, 4 dissented.

From the opinions

“Our task in these cases is to interpret and enforce a federal statute that specifies the limits of the waiver of sovereign immunity in the Federal Tort Claims Act (FTCA).”

— Justice Alito(dissent)

What's next

Wong’s case returns to the lower court for further proceedings under the Supreme Court’s ruling.

Documents

1

Docket activity

9
  • New analysis added

    Oct 22, 2026 · Court records

  • AI analysis generated: Case Briefing

    Oct 22, 2026 · Generated

  • New analysis added

    Oct 22, 2026 · Court records

  • AI analysis generated: Impact Analysis

    Oct 22, 2026 · Generated

  • AI analysis generated: Opinion Summary

    Oct 22, 2026 · Generated

Show 4 more
  • AI analysis generated: Decision Record

    Oct 22, 2026 · Generated

  • Case data updated: summary, question_presented, generation_metadata

    Oct 22, 2026 · Court records

  • Case data updated: question_presented, extraction_metadata

    Oct 17, 2026 · Court records

  • Opinion added: Opinion

    Apr 22, 2015 · Court records

More questions

1
What filing deadlines did the FTCA set?
A claim had to be filed with the appropriate agency within two years after it arose, then in federal court within six months after the agency’s final decision.

Sources

Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.

Checked Oct 22, 2026Methodology

Court records and filings

Reporting and analysis