Mt. Homes, Inc., a Washington Corporation v. United States
Court of Appeals for the Ninth Circuit
1Opinion of the Court
EUGENE A. WRIGHT, Circuit Judge:
Although the United States is generally liable for its torts under the Federal Tort Claims Act, 28 U.S.C. § 2674, et seq., it is immune from any claim arising out of misrepresentation. Id. § 2680(h). We consider here if Mt. Homes’ claim falls within the misrepresentation exception to tort liability.
BACKGROUND
Mt. Homes built 49 houses between 1981 and 1984 that were financed by the Farmers Home Administration (FmHA), which supplied the contracts for use between Mt. Homes and buyers, and conducted the closings.
The FmHA treated Mt. Homes as a “speculative builder”…
2Cases cited10 opinions
- United States v. NeustadtSupreme Court of the United States · 1961
- Fu-Kong Tzung Jean Tzung v. State Farm Fire and Casualty Company, and Does 1 Through 100, InclusiveCourt of Appeals for the Ninth Circuit · 1989
- Block v. NealSupreme Court of the United States · 1983
- Louis Theodore Frigard Miriam Claudia Frigard v. United States of America Central Intelligence AgencyCourt of Appeals for the Ninth Circuit · 1988
- Joan Sheehan, Formerly Known as Joan Wycoff v. United StatesCourt of Appeals for the Ninth Circuit · 1990
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- Barbara Snow-Erlin, as Representative of the Estate of Darrow K. Erlin v. United StatesCourt of Appeals for the Ninth Circuit · 2006
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