Legal Opinion

Fang ex rel. Fang v. United States

Court of Appeals for the Ninth Circuit

Decided March 31, 1998No. Nos. 96-56800, 97-55028PublishedCited by 68 opinions

1Opinion of the Court

T.G. NELSON, Circuit Judge:

Plaintiff appeals the district court’s grant of summary judgment in favor of the United States which dismissed her claims for lack of subject matter jurisdiction. The court found that the claims challenged discretionary functions as contemplated by 28 U.S.C. § 2680(a), which exempts certain conduct from the limited waiver of sovereign immunity created by the Federal Tort Claims Act, 28 U.S.C. § 1346(b) et seq. (“FTCA”). Plaintiff additionally appeals the district court’s dismissal of her remaining state claims pursuant to 28 U.S.C. § 1367(c)(3), which permits a…

2Cases cited7 opinions

  1. United States v. GaubertSupreme Court of the United States · 1991
  2. Berkovitz v. United StatesSupreme Court of the United States · 1988
  3. Dalehite v. United StatesSupreme Court of the United States · 1953
  4. United States v. S.A. Empresa De Viacao Aerea Rio GrandenseSupreme Court of the United States · 1984
  5. David Kiehn v. United StatesCourt of Appeals for the Tenth Circuit · 1993

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

3Cited by68 opinions

  1. Raymond Watison v. Mary CarterCourt of Appeals for the Ninth Circuit · 2012
  2. Binder v. GillespieCourt of Appeals for the Ninth Circuit · 1999
  3. Miriam L. Vickers v. United States of America United States Department of Justice Immigration Andnaturalization ServiceCourt of Appeals for the Ninth Circuit · 2000
  4. Martinez v. MaruszczakNevada Supreme Court · 2007
  5. Snyder & Associates Acquisitions LLC v. United StatesCourt of Appeals for the Ninth Circuit · 2017

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

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