James Mossow, a Minor by Mary Jane Mossow as Mother and Natural Guardian v. United States

MAGILL, Circuit Judge.

James Mossow, a cerebral palsied civilian offspring of Air Force parents, appeals from the district court’s order dismissing for lack of subject matter jurisdiction his claim under the Federal Tort Claims Act for damages resulting from military legal malpractice. He alleges he was given negligent legal advice about a claim for neonatal injuries at the time of his birth. We reverse the district court’s holding that the claim is Feres-barred and remand for proceedings on the merits. In so holding, we follow the Fourth, rather than the Fifth and Sixth Circuits.

I. BACKGROUND

J…