I think generally, most will need to find an exception, and few exceptions are iron clad. Black letter law states a max 6 yr SOL and that is only for claims eligible in the Court of Fed Claims. So, SOL expired in 2014 for bailout and 2018 for NWS.
There are 2 exceptions in case law that I can think of. One, and best chance is that federal case law supports the idea of tolling SOL for the number of days that a class action was pending certification, and giving that number of days to individual Ps who did NOT opt in for certification. The P has to have met the defined class criteria and chosen to not opt in; this preserves their right for later. But they also face a defense of ‘Issue preclusion’, which varies by federal circuit. So if you as P tomorrow file a Takings claim supported by a threshold issue that the class’ case was dismissed, I think it’s hard to see how tolling in that scenario does anything except give a license to litigate forever, which undermines a basic reason for SOLs. So in most opt out cases, you have to live with the real risk of some closed doors.
The other exception I might research is whether somehow state statutory law related to tolling or property recovery can be construed: e.g., any statutory Takings law, personal property law, or statutory adoptions of the Restatement Second of Contracts. Maybe one or more defined or undefined statutory terms could be ‘construed’ to make it seem highly unfair for the clock to start ‘until X’ criteria was met. For example the Wisconsin supreme court has extended its statutory terminology to reach unrecovered but locatable stolen property like classic cars that go missing for decades. Why? The statutes never contemplated the possibility of global theft rings, nor Interpol. I think Theft is a strong statutory word, but, bad faith at common law is nearly the intangible equivalent IMO.
