Legal Opinion
Marcus S. Smith Hildegard U. Smith v. William Marshall, Jr., M.D.
Court of Appeals for the Ninth Circuit
Decided September 26, 1989No. 88-5757PublishedCited by 16 opinions
1Opinion of the Court
DAVID R. THOMPSON, Circuit Judge:
This is a medical malpractice suit against a military physician. Jurisdiction in the district court was founded on diversity of citizenship. The case presents two questions never addressed by this circuit: (1) whether an American military physician working in a foreign country is immune from a malpractice suit under 10 U.S.C. § 1089 (1982) 1 and (2) whether the physician is immune from suit under the recently enacted Federal Employees Liability Reform and Tort Compensation Act of 1988 (“FELRTCA”). FELRTCA, Pub.L. No. 100-694,102 Stat. 4563 (1988). The district…
2Cases cited14 opinions
- Consumer Product Safety Commission v. GTE Sylvania, Inc.Supreme Court of the United States · 1980
- Sheila M. Jackson v. Paul A. KellyCourt of Appeals for the Tenth Circuit · 1977
- SAFEWAY PORTLAND EMPLOYEES’ FEDERAL CREDIT UNION, a Federal Credit Union, Appellant, v. FEDERAL DEPOSIT INSURANCE CORPORATION, AppelleeCourt of Appeals for the Ninth Circuit · 1974
- Sammy J. Vantrease v. United StatesCourt of Appeals for the Sixth Circuit · 1968
- Edelman v. Federal Housing AdministrationCourt of Appeals for the Second Circuit · 1967
9 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Jeffrey A. Saul v. United States of America Ray Larsen Colleen St. Louis John Doe St. LouisCourt of Appeals for the Ninth Circuit · 1991
- Melo v. HaferCourt of Appeals for the Third Circuit · 1990
- Nicholas Nasuti v. James Scannell, Nicholas Nasuti v. James Scannell, United States of America, in Re United States of America and James ScannellCourt of Appeals for the First Circuit · 1990
- Mitchell v. CarlsonCourt of Appeals for the Fifth Circuit · 1990
- Palmer v. FlaggmanCourt of Appeals for the Fifth Circuit · 1996
11 more not listed; retrieve them via the Exa API.