Legal Opinion

Miller v. United States

Court of Appeals for the Ninth Circuit

Decided December 11, 1995No. 94-35629PublishedCited by 11 opinions

1Opinion of the Court

SCHWARZER, Senior District Judge:

Plaintiff, the widow of an Army sergeant who died in a military hospital in Japan, appeals the dismissal of her action against the government for negligent infliction of emotional distress. The issues on appeal are: (1) whether the foreign country exception of the Federal Tort Claims Act (“FTCA”), 28 U.S.C. § 2680(k), in conjunction with the exclusive remedy provision of the Federal Employees Liability Reform and Tort Compensation Act of 1988 (“Liability Reform Act”), 28 U.S.C. § 2679(d)(1), denies plaintiff equal protection of the laws under the Fifth…

2Cases cited22 opinions

  1. Harris v. Forklift Systems, Inc.Supreme Court of the United States · 1993
  2. Brown v. Board of EducationSupreme Court of the United States · 1954
  3. San Antonio Independent School District v. RodriguezSupreme Court of the United States · 1973
  4. Logan v. Zimmerman Brush Co.Supreme Court of the United States · 1982
  5. Massachusetts Board of Retirement v. MurgiaSupreme Court of the United States · 1976

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3Cited by11 opinions

  1. Zehner v. TriggDistrict Court, S.D. Indiana · 1997
  2. Petro-Hunt, L.L.C. v. United StatesUnited States Court of Federal Claims · 2012
  3. Milagros Irizarry, Individually and on Behalf of All Similarly Situated Employees of the Chicago Board of Education v. Board of Education of the City of ChicagoCourt of Appeals for the Seventh Circuit · 2001
  4. Wilson v. Big Sandy Healthcare, Inc.District Court, E.D. Kentucky · 2008
  5. Irizarry, Milagros v. Bd Educ City ChicagoCourt of Appeals for the Seventh Circuit · 2001

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