Legal Opinion

Macharia, Merania v. United States

Court of Appeals for the D.C. Circuit

Decided July 11, 2003No. 02-5252PublishedCited by 434 opinions

1Opinion of the Court

Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

Appellants, a prospective class of more than 5,000 Kenyan citizens and businesses injured in the 1998 bombing of the United States Embassy in Nairobi, Kenya, sued the United States under the Federal Tort Claims Act alleging that the government negligently failed to secure the Embassy and to warn of a potential terrorist attack. Following limited jurisdictional discovery, the district court dismissed the complaint, finding that the discretionary function, foreign country, and independent contractor exceptions to the…

2Cases cited11 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. OrleansSupreme Court of the United States · 1976
  4. Gould Electronics Inc., F/k/a Gould Inc. American Premier Underwriters, Inc. v. United States of America Gould Electronics Inc. American Premier Underwriters, Inc.Court of Appeals for the Third Circuit · 2000
  5. Logue v. United StatesSupreme Court of the United States · 1973

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3Cited by434 opinions

  1. Jerome Stevens Pharmaceuticals, Inc. v. Food & Drug AdministrationCourt of Appeals for the D.C. Circuit · 2005
  2. Perry Capital LLC v. MnuchinCourt of Appeals for the D.C. Circuit · 2017
  3. Schmidt v. United States Capitol Police BoardDistrict Court, District of Columbia · 2011
  4. Smith v. ScaliaDistrict Court, District of Columbia · 2014
  5. Daisley v. Riggs Bank, N.A.District Court, District of Columbia · 2005

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