Legal Opinion

Michelle Ochran v. United States

Court of Appeals for the Eleventh Circuit

Decided November 28, 2001No. 00-16409PublishedCited by 58 opinions

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…

2Cases cited7 opinions

  1. Federal Deposit Insurance v. MeyerSupreme Court of the United States · 1994
  2. Dolcie Lawrence v. Peter Dunbar, United States of AmericaCourt of Appeals for the Eleventh Circuit · 1990
  3. Everton v. WillardSupreme Court of Florida · 1985
  4. Howell v. United StatesCourt of Appeals for the Eleventh Circuit · 1991
  5. Bonanni Ship Supply, Inc. v. United StatesCourt of Appeals for the Eleventh Circuit · 1992

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3Cited by58 opinions

  1. Carr v. TatangeloCourt of Appeals for the Eleventh Circuit · 2003
  2. Carlos Zelaya v. United StatesCourt of Appeals for the Eleventh Circuit · 2015
  3. Clyde Anthony v. Georgia Department of Public SafetyCourt of Appeals for the Eleventh Circuit · 2023
  4. Sharocco Clark v. United StatesCourt of Appeals for the Seventh Circuit · 2003
  5. Broward Gardens Tenants Ass'n v. United States Environmental Protection AgencyCourt of Appeals for the Eleventh Circuit · 2002

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