Legal Opinion

Ellen v. United States

Court of Appeals for the Ninth Circuit

Decided February 22, 2002No. Nos. 00-55989, 00-56269; D.C. No. CV-98-00273-JNK/LSPPublishedCited by 3 opinions

1Opinion of the Court

MEMORANDUM *

Yvonne Ellen appeals the district court’s grant of a motion to dismiss claims related to the non-installation of an Emergency Obstruction Video Map (“EOVM”) as well as its judgment on her remaining tort claims relating to the actions of Air Traffic Control (“ATC”) and the award of costs. Ellen sued the FAA under the Federal Tort Claims Act (the “FTCA”) alleging negligence in connection with an air crash in which her daughter was killed. The district court dismissed all claims related to the EOVM, finding that the court lacked jurisdiction under the discretionary function exception…

2Cases cited17 opinions

  1. United States v. GaubertSupreme Court of the United States · 1991
  2. Berkovitz v. United StatesSupreme Court of the United States · 1988
  3. United States v. S.A. Empresa De Viacao Aerea Rio GrandenseSupreme Court of the United States · 1984
  4. Miller v. United StatesCourt of Appeals for the Ninth Circuit · 1998
  5. Joan M. Spaulding v. United States of AmericaCourt of Appeals for the Ninth Circuit · 1972

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3Cited by3 opinions

  1. Turner v. United StatesDistrict Court, M.D. North Carolina · 2010
  2. Brown v. United StatesDistrict Court, D. Nevada · 2022
  3. Ellen, Personal Representative of the Estate of Franco, Deceased v. United StatesSupreme Court of the United States · 2002

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