Rosemarie Mondelli v. United States

OPINION OF THE COURT

ADAMS,

Circuit Judge.

Rosemarie Mondelli brought this action for damages under both the Federal Tort Claims Act 1 and the Constitution for genetic injuries caused by her father’s exposure to radiation while he was on active duty in the United States Army. The district court denied the motion of the United States to dismiss the statutory claim for lack of subject-matter jurisdiction, holding that the statute waived the sovereign immunity of the United States to this claim. The district court then determined, pursuant to 28 U.S.C. § 1292(b) (1976), that the question of the…