Opinion · United States Court of Claims

Japanese War Notes Ass'n of Philippines, Inc. v. United States

178 Ct. Cl. 630

Type
Opinion
Court
United States Court of Claims
Jurisdiction
Federal
Date
1967-12-04
Topic
general

How later courts describe this case

  • “[T]he statute will not begin to run until plaintiff learns or reasonably should have learned of [its] cause of action.”
  • equitable tolling appropriate when “defendant has concealed its acts with the result that plaintiff’s] ... injury was inherently unknowable at the accrual date”
  • “An example of [an inherently unknowable injury] would be when defendant delivers the wrong type of fruit tree to plaintiff and the wrong cannot be determined until the tree bears fruit.”
  • “Ignorance of rights which should be known is not enough.”

Citator

UpLaw has not yet analyzed Japanese War Notes Ass'n of Philippines, Inc. v. United States. The absence of a flag is not a finding that it is good law.

Cited by
142 opinions

Plaintiff’s petition for writ of certiorari denied by the Supreme Court December 4, 1967.