1. Whether the injury-occurrence rule under the FTCA should control accrual of a claim in a
case where relevant exculpatory evidence was allegedly not available until years after the
injury, and was purportedly concealed or inaccessible.

2. Whether the Tenth Circuit erred by failing to consider the application of the discovery
rule or equitable tolling in an exceptional case where the plaintiff asserts the government
withheld or failed to disclose material evidence that would have affected prosecution and
civil claims.

3. Whether a settlement offer, explicitly stated in a Memorandum of Understanding and
undisputedly received by the United States, may constitute an implied-in-fact contract when
ignored beyond a stated response deadline.

Whether the Tenth Circuit erred in applying the injury-occurrence rule under the FTCA without considering the discovery rule or equitable tolling when a plaintiff claims material exculpatory evidence was concealed or inaccessible until years after the injury, and whether a settlement offer memorialized in a Memorandum of Understanding constitutes an implied-in-fact contract when received and acknowledged by the United States