Legal Opinion

Matthew v. United States

Court of Appeals for the Second Circuit

Decided February 20, 2009No. 07-4860-cvPublishedCited by 2 opinions

1Opinion of the Court

SUMMARY ORDER

Plaintiffs, members of the Army Reserves (“soldier-plaintiffs”) and their families (“family-plaintiffs”), appeal the dismissal of their claims brought pursuant to the Federal Tort Claims Act (“FTCA”) and relating to the soldier-plaintiffs’ alleged exposure to depleted uranium *411(“DU”) while stationed in Iraq in 2003. We assume the parties’ familiarity with the facts and the record of prior proceedings, which we reference only as necessary to explain our decision.

Where, as here, a district court grants a defendant’s Rule 12(b)(1) motion to dismiss for lack of subject matter…

2Cases cited14 opinions

  1. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  2. Ben Gary Triestman v. Federal Bureau of Prisons, United States of AmericaCourt of Appeals for the Second Circuit · 2006
  3. Feres v. United StatesSupreme Court of the United States · 1950
  4. United States v. MunizSupreme Court of the United States · 1963
  5. Stencel Aero Engineering Corp. v. United StatesSupreme Court of the United States · 1977

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3Cited by2 opinions

  1. Aris v. New York GuardDistrict Court, S.D. New York · 2023
  2. Energetic Tank, Inc. v. UnknownDistrict Court, S.D. New York · 2022

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