Legal Opinion

GENERAL DYNAMICS CORPORATION, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant

Court of Appeals for the Ninth Circuit

Decided March 27, 1998No. 96-55821PublishedCited by 47 opinions

1Opinion of the Court

Opinion by Judge FERNANDEZ; Dissent by Judge O’SCANNLAIN.

FERNANDEZ, Circuit Judge:

General Dynamics Corporation brought this action under the Federal Tort Claims Act, 28 U.S.C. § 1346(b), against the United States for the purpose of obtaining reimbursement of attorneys fees it expended in defending a fraud prosecution, and a related civil action. The United States claimed that, among other things, it was protected by the discretionary function exception to liability, but the district court agreed with General Dynamics and held the United States liable for damages in the amount of $25,880,752.…

2Cases cited19 opinions

  1. Berkovitz v. United StatesSupreme Court of the United States · 1988
  2. United States v. NeustadtSupreme Court of the United States · 1961
  3. McLINN v. FJORDCourt of Appeals for the Ninth Circuit · 1984
  4. L. Patrick Gray, III v. Griffin BellCourt of Appeals for the D.C. Circuit · 1983
  5. Felix Valdez v. United StatesCourt of Appeals for the Ninth Circuit · 1995

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

3Cited by47 opinions

  1. Ready Transportation, Inc. v. AAR Manufacturing, Inc.Court of Appeals for the Ninth Circuit · 2010
  2. Tri-State Hospital Supply Corp. v. United StatesCourt of Appeals for the D.C. Circuit · 2003
  3. United National Insurance Company, a Pennsylvania Corporation, and Travelers Casualty and Surety Company, Formerly Known as Aetna Casualty and Surety Company v. R&d Latex Corporation, a Georgia Corporation Royalty Carpet Mills, Inc., a California Corporation, and Mydrin, Inc., for Itself and as Successor in Interest to R&d Latex Corp., Mydrin, Inc., for Itself and as Successor in Interest to R&d Latex Corp., Plaintiff-Counter v. Travelers Casualty and Surety Company, Formerly Known as Aetna Casualty and Surety Company, Defendant-Counter-Claimant-Appellant, and William C. Morison-Knox and Michael D. ProughCourt of Appeals for the Ninth Circuit · 2001
  4. Sloan v. United States Department of Housing & Urban DevelopmentCourt of Appeals for the D.C. Circuit · 2001
  5. Dichter-Mad Family Partners, LLP v. United StatesCourt of Appeals for the Ninth Circuit · 2013

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API