Cert Granted: Is The Quiet Title Act's Statute Of Limitations Jurisdictional?

A hearty congratulations to our Pacific Legal Foundation colleagues Jeff McCoy (counsel of record), Jim Manley, Damien Schiff, and Ethan Blevins for today's cert grant in a case that brings together dirt lawyers and federal courts nerds.

Wilkins v. United States asks whether the (federal) Quiet Title Act's statute of limitations is "jurisdictional," or whether it is simply a claim processing rule. "Jurisdictional" things as you know can be raised any time, even by the court on its own initiative. A "claim processing" rule, by contrast, is just a defense - it must be raised at a certain stage of a case, and may be waived or forfeited, or equitably tolled.

Lawyers and judges tend to employ these terms casually (especially "jurisdictional"), which has resulted in the Supreme Court in recent years taking a more disciplined approach, after acknowledging that even the Justices themselves use the terms rather loosely.

Because this one is from our own law firm, we're not going to comment in detail. Instead, we're going to leave you to check this one out yourself. Here's the Question Presented:

Two Montana landowners filed a quiet title action seeking to resolve a dispute over the scope of an easement held by the United States that runs across their land and the federal government’s duties under the easement. The District Court held that the Quiet Title Act’s statute of limitations is jurisdictional, found that the landowners did not prove that their claims arose within twelve years of the lawsuit being filed, and dismissed the case. The District Court’s treatment of the statute of limitations as jurisdictional—rather than a claim-processing rule— subjected the landowners to different standards for resolving the motion to dismiss, allowing the court to dismiss the case without holding a hearing to determine and resolve disputed facts.

In conflict with the Seventh Circuit, the Ninth Circuit affirmed, holding the Quiet Title Act’s statute of limitations is jurisdictional.

The question presented is:

Whether the Quiet Title Act’s Statute of Limitations is a jurisdictional requirement or a claim-processing rule?

Here are the cert-stage papers.

• Property owners' cert petition
• USG's brief in opposition
• Owners' reply to BIO

Follow along on the Court's docket here.

The case will likely be argued in the fall. Stay tuned.