Legal Opinion
Tobin v. United States
District Court, D. New Jersey
Decided October 18, 2001No. CIV.A. 00-4222PublishedCited by 6 opinions
1Opinion of the Court
OPINION ON DEFENDANT’S MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION
BROTMAN, District Judge.
Presently before the Court is Defendant’s motion to dismiss for lack of subject matter jurisdiction pursuant to Federal Rule of Civil Procedure 12(b)(1). For the reasons stated below, Defendant’s motion shall be GRANTED.
I. FACTUAL AND PROCEDURAL BACKGROUND
This case involves the application of the Feres doctrine to the Federal Tort Claims Act. Plaintiff, a member of the Armed Services, alleges negligence against the United States in connection with a motor vehicle accident.
Plaintiff is a…
2Cases cited21 opinions
- United States v. SherwoodSupreme Court of the United States · 1941
- United States v. MitchellSupreme Court of the United States · 1980
- Feres v. United StatesSupreme Court of the United States · 1950
- Mortensen v. First Federal Savings & Loan Ass'nCourt of Appeals for the Third Circuit · 1977
- United States v. KingSupreme Court of the United States · 1969
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3Cited by6 opinions
- Courtney v. ChoplinDistrict Court, D. New Jersey · 2002
- LIU v. CHENG DU 23 INCDistrict Court, D. New Jersey · 2022
- Ruggiero v. United StatesDistrict Court, M.D. Pennsylvania · 2005
- SAGER v. DAVISON DESIGN & DEVELOPMENT, INC.District Court, W.D. Pennsylvania · 2022
- STOKES v. PRICEDistrict Court, D. New Jersey · 2020
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