Legal Opinion
Earles v. United States
Court of Appeals for the Ninth Circuit
Decided June 6, 1991No. Nos. 88-6203 to 88-6205, 88-6208, 88-6220, 88-6221, 88-6223, 88-6461, 88-6465, 88-6470, 88-6472 to 88-6475PublishedCited by 24 opinions
1Opinion of the Court
LEAVY, Circuit Judge:
This is a case of first impression in which we are called upon to resolve the question whether the so-called Discretionary Function Exception (“Exception”) to the Federal Tort Claims Act (“FTCA”), see 28 U.S.C. § 2680(a) (1988), applies to the Suits in Admiralty Act (“SIAA”), 46 U.S.C. App. §§ 741-752 (1988). We now join with the majority of other circuits to have decided this issue and hold that the Exception is applicable to the SIAA.
FACTS AND PROCEEDINGS
On October 27, 1984, Tony Sutton borrowed a 20' jet ski boat, the WHISKEY RUNNER, from a local boat dealer in Long…
2Cases cited23 opinions
- Berkovitz v. United StatesSupreme Court of the United States · 1988
- Dalehite v. United StatesSupreme Court of the United States · 1953
- United States v. S.A. Empresa De Viacao Aerea Rio GrandenseSupreme Court of the United States · 1984
- Miles v. Apex Marine Corp.Supreme Court of the United States · 1990
- Canadian Transport Company, a Division of MacMillan Bloedel (Alberni) Limited Bocimar N v. V. United StatesCourt of Appeals for the D.C. Circuit · 1980
18 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Carrie A. McMellon Lori Dawn White Kathy D. Templeton Cheri Call v. United States of America United States Army Corps of EngineersCourt of Appeals for the Fourth Circuit · 2004
- Aaron Schwarder Donna Eubanks Kathleen Schwarder v. United StatesCourt of Appeals for the Ninth Circuit · 1992
- Sutton v. EarlesCourt of Appeals for the Ninth Circuit · 1994
- Tobar v. United StatesCourt of Appeals for the Ninth Circuit · 2011
- In Re the Glacier Bay. United Cook Inlet Drift Assoc., an Alaska Cooperative Corp., on Behalf of a Class Comprising Its Members and Its Members' Deckhands v. Trinidad Corporation West of England Ship Owners Mark Hawker Kee Leasing Co. Mathiasen's Tanker Industries, Inc. Glacier Bay Transportation Corporation v. United StatesCourt of Appeals for the Ninth Circuit · 1995
19 more not listed; retrieve them via the Exa API.