Legal Opinion

Joy Ward, Individually and as Guardian Ad Litem of Jacob R. Kinser v. Richard Gordon, M.D. United States of America

Court of Appeals for the Ninth Circuit

Decided July 23, 1993No. 91-36034PublishedCited by 22 opinions

1Opinion of the Court

FARRIS, Circuit Judge:

Richard Gordon and the United States appeal interlocutorily the district court’s order reinstating Lieutenant Colonel Richard Gordon, M.D., as a defendant in a medical malpractice action and refusing to substitute the United States in his place. We consider the interrelationship of the Federal Tort Claims Act, the Federal Employees Liability Reform and Tort Compensation Act, the Gonzalez Act, and the State of Washington’s “scope of employment” and “borrowed servant” doctrines. We vacate the order of the district court and remand for substitution of the United States as a…

2Cases cited12 opinions

  1. United States v. SmithSupreme Court of the United States · 1991
  2. Lois Anderson v. United StatesCourt of Appeals for the Ninth Circuit · 1992
  3. Meridian International Logistics, Inc. v. United StatesCourt of Appeals for the Ninth Circuit · 1991
  4. Mitchell v. CarlsonCourt of Appeals for the Fifth Circuit · 1990
  5. Linda E. Lutz, as Parent and Next Friend of Catherine Lutz, a Minor v. United StatesCourt of Appeals for the Ninth Circuit · 1982

7 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Joseph E.L. Sullivan v. United StatesCourt of Appeals for the Seventh Circuit · 1994
  2. Harris v. MillerSupreme Court of North Carolina · 1994
  3. Palmer v. FlaggmanCourt of Appeals for the Fifth Circuit · 1996
  4. Sharkey v. Lasmo (AUL Ltd.)District Court, S.D. New York · 1998
  5. Aldridge v. Hartford HospitalDistrict Court, D. Connecticut · 1996

17 more not listed; retrieve them via the Exa API.

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