Pleasant, et al. v. United States, et al., No. 12-31268 (5th Cir. 2014)
Annotate this CasePlaintiffs filed suit against the VA asserting wrongful-death and survival causes of action under Louisiana law. After the VA denied plaintiffs' claim, they filed suit under the Federal Tort Claims Act (FTCA), 28 U.S.C. 2671 et seq. The district court dismissed the case for lack of subject-matter jurisdiction. The court concluded that the administrative notice of claim filed by Plaintiff Pleasant was sufficient to give the agency written notice of the decedent's children's claims sufficient to enable the agency to investigate and to place a value on the claims, and was therefore sufficient to preserve the claims. Accordingly, the court reversed the judgment of the district court and remanded for further proceedings.
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