Legal Opinion

Frankel v. United States

District Court, E.D. Virginia

Decided January 7, 2019No. Civil No. 2:18cv107PublishedCited by 3 opinions

1Opinion of the Court

Mark S. Davis, CHIEF UNITED STATES DISTRICT JUDGE

This matter is before the Court on a motion to dismiss for lack of subject matter jurisdiction, filed by the United States of America ("United States" or "the Government"), and Javen Evonne Davis ("Davis," and collectively with the United States, "Defendants"), pursuant to Federal Rule of Civil Procedure 12(b) (1). ECF No. 6. Plaintiff opposes dismissal, asserting that this action was properly filed in this Court.

I. FACTUAL AND PROCEDURAL HISTORY

A. Factual Background

On March 31, 2015, at approximately 7:37 a.m., Plaintiff, an employee of the…

2Cases cited27 opinions

  1. Feres v. United StatesSupreme Court of the United States · 1950
  2. United States v. S.A. Empresa De Viacao Aerea Rio GrandenseSupreme Court of the United States · 1984
  3. Kerns v. United StatesCourt of Appeals for the Fourth Circuit · 2009
  4. Adams v. BainCourt of Appeals for the Fourth Circuit · 1982
  5. Osborn v. HaleySupreme Court of the United States · 2007

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3Cited by3 opinions

  1. Cubias v. United StatesDistrict Court, E.D. North Carolina · 2019
  2. Joshua Frankel v. United StatesCourt of Appeals for the Fourth Circuit · 2020
  3. Oudeh v. Goshen Medical Center, Inc.District Court, E.D. North Carolina · 2022

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