Legal Opinion

Dichter-Mad Family Partners, LLP v. United States

Court of Appeals for the Ninth Circuit

Decided February 12, 2013No. 11-55577PublishedCited by 81 opinions

1Opinion of the Court

ORDER

The opinion and appendix filed on January 28, 2013 are withdrawn. A new opinion and appendix are filed concurrently with this order.

IT IS SO ORDERED.

OPINION

2Per curiam

After careful de novo review of the record in this appeal, we conclude that the district court correctly concluded that it lacked jurisdiction to entertain Appellants’ claims because they fall within the “discretionary function” exception to the United States’ waiver of sovereign immunity in the Federal Tort Claims Act. 28 U.S.C. § 2680(a). Thus, we affirm the district court’s judgment of dismissal for lack of subject matter…

3Cases cited8 opinions

  1. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  2. Hallett v. MorganCourt of Appeals for the Ninth Circuit · 2002
  3. Sabow v. United StatesCourt of Appeals for the Ninth Circuit · 1996
  4. Terbush v. United StatesCourt of Appeals for the Ninth Circuit · 2008
  5. Goehring v. BrophyCourt of Appeals for the Ninth Circuit · 1996

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4Cited by81 opinions

  1. Carlos Zelaya v. United StatesCourt of Appeals for the Eleventh Circuit · 2015
  2. Gonzalez Ex Rel. A.F. v. United StatesCourt of Appeals for the Ninth Circuit · 2016
  3. Cohen v. United StatesCourt of Appeals for the Third Circuit · 2013
  4. McFarland v. City of ClovisDistrict Court, E.D. California · 2016
  5. John Miller v. United StatesCourt of Appeals for the Ninth Circuit · 2021

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