If a plaintiff has failed to file an administrative claim, can they still obtain equitable relief?
MultiRegion, United States of America
The following excerpt is from Gastelum v. Duke, Case No.: 17-cv-0576-W-BLM (S.D. Cal. 2017):
Additionally, even if the failure to file an administrative claim did not preclude them from equitable remedies, Plaintiffs have failed to demonstrate they are entitled to tolling. The party seeking equitable tolling "bears a heavy burden to show that [they are] entitled to equitable tolling, lest the exceptions swallow the rule." Rudin v. Myles, 781
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