Legal Opinion
Montijo Reyes v. United States
District Court, D. Puerto Rico
Decided December 13, 2004No. CIV. 01-2282(RLA)PublishedCited by 3 opinions
1Opinion of the Court
ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
ACOSTA, District Judge.
Plaintiffs filed the instant complaint under the Federal Tort Claims Act (“FTCA”) alleging that material deposited along the beach/shoreline across from their homes by the U.S. Army Corps of Engineers (“Corps”) purportedly resulted in sand and dust being blown onto their properties which in turn caused them damages.
Defendant filed a motion for summary judgment alleging that the claim asserted in the instant complaint is precluded by the discretionary function exception to the FTCA and is not viable under local law.…
2Cases cited22 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Federal Deposit Insurance v. MeyerSupreme Court of the United States · 1994
- United States v. GaubertSupreme Court of the United States · 1991
- Jose MEDINA-MUNOZ, Etc., Et Al., Plaintiffs, Appellants, v. R.J. REYNOLDS TOBACCO COMPANY, Defendant, AppelleeCourt of Appeals for the First Circuit · 1990
- Berkovitz v. United StatesSupreme Court of the United States · 1988
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3Cited by3 opinions
- Montijo-Reyes v. United StatesCourt of Appeals for the First Circuit · 2006
- Compagnie Maritime Marfret v. San Juan Bay Pilots Corp.District Court, D. Puerto Rico · 2008
- Hall v. United StatesDistrict Court, D. Nevada · 2005