Legal Opinion
Elizabeth M. Hamm v. United States, Docket No. 06-3964-Cv
Court of Appeals for the Second Circuit
Decided April 11, 2007No. 135PublishedCited by 107 opinions
1Opinion of the Court
KATZMANN, Circuit Judge.
This case presents the question of the scope of the government’s liability when a military reservist is involved in a car accident on his way to a training exercise. The facts of the matter at hand do not distinguish it from the basic case of an employee who, it is clear under New York law, is not acting within the scope of his or her employment when he or she commutes to work. We therefore affirm the judgment of the district court that the Federal Tort Claims Act (“FTCA”) does not supply the federal courts with subject matter jurisdiction to consider this claim.
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2Cases cited16 opinions
- Federal Deposit Insurance v. MeyerSupreme Court of the United States · 1994
- United States v. SherwoodSupreme Court of the United States · 1941
- Lundberg v. State of New YorkNew York Court of Appeals · 1969
- Luckett v. BureCourt of Appeals for the Second Circuit · 2002
- Elizabeth Millares Guiraldes De Tineo and Boris Baptista Millares v. United StatesCourt of Appeals for the Second Circuit · 1998
11 more not listed; retrieve them via the Exa API.
3Cited by107 opinions
- Kerns v. United StatesCourt of Appeals for the Fourth Circuit · 2009
- Cna v. United StatesCourt of Appeals for the Third Circuit · 2008
- Mathirampuzha v. PotterCourt of Appeals for the Second Circuit · 2008
- Liranzo v. United StatesCourt of Appeals for the Second Circuit · 2012
- Fountain v. KarimCourt of Appeals for the Second Circuit · 2016
102 more not listed; retrieve them via the Exa API.