Legal Opinion
Najbar v. United States
District Court, D. Minnesota
Decided July 16, 2010No. Case 09-CV-3143 (PJS/RLE)PublishedCited by 4 opinions
1Opinion of the Court
AMENDED ORDER GRANTING MOTION TO DISMISS
PATRICK J. SCHILTZ, District Judge.
Plaintiff Joan Najbar contends that the federal government committed various state-law torts when a letter that she sent to her son while he was serving in the United States Army in Iraq was returned to her stamped “deceased” even though her son was, in fact, alive. The government moves to dismiss under Fed.R.Civ.P. 12(b)(1) for lack of subject-matter jurisdiction. For the reasons that follow, the Court grants the motion and dismisses the case.
I. BACKGROUND
According to Najbar’s complaint (which the Court takes as true…
2Cases cited8 opinions
- Joseph Osborn and Pamela Osborn, Individually and as Father and Mother and Guardians Ad Litem of Shawna Osborn v. United StatesCourt of Appeals for the Eighth Circuit · 1990
- United States v. DalmSupreme Court of the United States · 1990
- Tomas Menchaca and Wife, Irma Menchaca v. Chrysler Credit CorporationCourt of Appeals for the Fifth Circuit · 1980
- Dolan v. United States Postal ServiceSupreme Court of the United States · 2006
- United States v. NeustadtSupreme Court of the United States · 1961
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Jill B. & Travis B. v. StateNebraska Supreme Court · 2017
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- Tompkins v. United States of AmericaDistrict Court, M.D. Florida · 2022