Legal Opinion
Kelly v. United States
Court of Appeals for the Ninth Circuit
Decided February 28, 2001No. 99-35134PublishedCited by 23 opinions
1Opinion of the Court
Opinion by Judge McKEOWN; Concurrence by Judge FERGUSON
McKEOWN, Circuit Judge:
This case strikes at the heart of one of the discretionary functions of the United States Forest Service — formulating the nature and type of flight training required of firefighter pilots. At issue is whether the United States is immune from liability under the Federal Tort Claims Act, 28 U.S.C. §§ 2671-2680 (1994) (“FTCA”), for the Forest Service’s failure to require its contract pilots to undergo a specific type and form of training. Following a bench trial, the district court entered judgment for the families…
2Cases cited21 opinions
- United States v. GaubertSupreme Court of the United States · 1991
- Berkovitz v. United StatesSupreme Court of the United States · 1988
- United States v. S.A. Empresa De Viacao Aerea Rio GrandenseSupreme Court of the United States · 1984
- Eduardo Burkhart v. Washington Metropolitan Area Transit AuthorityCourt of Appeals for the D.C. Circuit · 1997
- Blackburn v. United StatesCourt of Appeals for the Ninth Circuit · 1996
16 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Doe v. SeeCourt of Appeals for the Ninth Circuit · 2009
- Myers v. United StatesCourt of Appeals for the Ninth Circuit · 2011
- Loughlin v. United StatesDistrict Court, District of Columbia · 2003
- Navarette v. United StatesCourt of Appeals for the Ninth Circuit · 2007
- High Sierra Hikers Ass'n v. PowellDistrict Court, N.D. California · 2001
18 more not listed; retrieve them via the Exa API.