Young, et al. v. United States, No. 13-30094 (5th Cir. 2013)Annotate this Case
Plaintiffs, landowners, filed suit under the Federal Tort Claims Act (FTCA), 28 U.S.C. 2671 et seq., seeking damages from the government for its role in the design, construction, and maintenance of a portion of a highway that prevented sufficient drainage periods of heavy rainfall. On appeal, plaintiffs argued that the district court erred when it declined to apply Louisiana's continuing-tort doctrine to delay commencement of the running of the FTCA's two-year limitations period. The court concluded that plaintiffs have not been aggrieved by a Louisiana continuing tort and have failed to bear their burden of proving subject matter jurisdiction. Accordingly, the court affirmed the district court's dismissal of the action for lack of jurisdiction because plaintiffs' claim was time-barred.