Lanus Ex Rel. Estate of Lanus v. United States

This case considers whether a deceased serviceman’s wrongful death claim against the United States, brought through a personal representative, can survive a motion to dismiss for lack of subject matter jurisdiction under the Feres doctrine. The district court determined that Feres barred the court’s jurisdiction to hear the case. Accordingly, the court granted the United States’ motion to dismiss. Because we cannot meaningfully distinguish this case from the facts considered by the Supreme Court in Feres, we affirm.

I. FACTS AND PROCEDURAL HISTORY

U.S. Coast Guard Fireman’s Apprentice Eric K.…