Michelle Ochran v. United States
Court of Appeals for the Eleventh Circuit
1Opinion of the Court
BIRCH, Circuit Judge:
In this appeal, we evaluate whether the district court had subject matter jurisdiction to hear Michelle Ochran’s tort claim against the Government, filed pursuant to the Federal Tort Claims Act (“FTCA”), 28 U.S.C. § 2671 et seq. The district court found sovereign immunity based on the misrepresentation exception of the FTCA, and granted summary judgment. Ochran appeals. We conclude that summary judgment for the defendant was appropriate, but for a different reason. The district court lacked subject matter jurisdiction: Ochran did not allege facts which support a violation…
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