Legal Opinion

David E. Elliott, Jr., an Incapacitated Adult by and Through His Guardian, Barbara v. Elliott, Barbara v. Elliott, Individually v. United States

Court of Appeals for the Eleventh Circuit

Decided February 15, 1994No. 93-8027PublishedCited by 21 opinions

1Opinion of the Court

HATCHETT, Circuit Judge:

Applying Supreme Court and Eleventh Circuit precedent, we affirm the district court’s ruling that the Feres doctrine (Feres v. United States, 340 U.S. 135, 71 S.Ct. 153, 95 L.Ed. 152 (1950)) does not bar a member of the armed forces from filing a lawsuit against the United States for injuries suffered due to the negligence of a branch of the armed forces where the member of the armed forces is on active duty, but suffers the injury while on leave outside a combat zone while engaged in activities unrelated to combat training or to the mission of the service member’s…

2Cases cited27 opinions

  1. Feres v. United StatesSupreme Court of the United States · 1950
  2. Chappell v. WallaceSupreme Court of the United States · 1983
  3. United States v. MunizSupreme Court of the United States · 1963
  4. United States v. ShearerSupreme Court of the United States · 1985
  5. United States v. BrownSupreme Court of the United States · 1954

22 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Dreier v. United StatesCourt of Appeals for the Ninth Circuit · 1996
  2. Scott A. Taber v. Robert S. Maine, and United States of AmericaCourt of Appeals for the Second Circuit · 1995
  3. Carol Clendening v. United StatesCourt of Appeals for the Fourth Circuit · 2021
  4. In re Camp Lejeune North Carolina Water Contamination LitigationDistrict Court, N.D. Georgia · 2016
  5. Kelly v. Panama Canal CommissionCourt of Appeals for the Fifth Circuit · 1994

16 more not listed; retrieve them via the Exa API.

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