Legal Opinion
Devito v. United States
District Court, E.D. New York
Decided March 30, 1998No. 1:95-cv-02349PublishedCited by 4 opinions
1Opinion of the Court
ORDER ADOPTING REPORT AND RECOMMENDATION
SEYBERT, District Judge.
On September 5, 1997, Magistrate Judge Joan Azrack issued a report and recommendation on defendant’s motion to dismiss the above-captioned action brought pursuant to the Federal Tort Claims Act, 28 U.S.C. § 2674 (the “FTCA”). After converting the motion to one for summary judgment, Magistrate Azrack recommended that the Court grant defendant’s motion and dismiss this action for lack of subject matter jurisdiction based on the government’s immunity from liability based on the facts of this case. Pending before the Court are…
2Cases cited6 opinions
- United States v. GaubertSupreme Court of the United States · 1991
- United States v. JamesSupreme Court of the United States · 1986
- Everett Todd Faber v. United StatesCourt of Appeals for the Ninth Circuit · 1995
- Kennedy v. United StatesDistrict Court, E.D. New York · 1986
- Duke v. Department Of AgricultureCourt of Appeals for the Tenth Circuit · 1997
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3Cited by4 opinions
- Muniz-Rivera v. United StatesDistrict Court, D. Puerto Rico · 2002
- Vaizburd v. United StatesDistrict Court, E.D. New York · 2000
- In Re Southern Scrap Material Co., LLCDistrict Court, E.D. Louisiana · 2010
- Ireland v. Suffolk County of New YorkDistrict Court, E.D. New York · 2003