Legal Opinion

Phoenix Baptist Hospital and Medical Center, Inc. v. United States

Court of Appeals for the Ninth Circuit

Decided June 26, 1991No. 90-15244PublishedCited by 9 opinions

1Opinion of the Court

FARRIS, Circuit Judge:

Phoenix Baptist Hospital and various Arizona health care providers appeal the dismissal of their Federal Tort Claims Act action, alleging that the Department of Health and Human Services was negligent in overseeing the administration of the experimental Arizona Health Care Cost Containment System. The district court held that it lacked subject matter jurisdiction because the federal government was protected by the discretionary function exeep tion to liability under the FTCA, 28 U.S.C. § 2680(a). We affirm.

BACKGROUND

The procedural and factual background of this case is…

2Cases cited6 opinions

  1. United States v. GaubertSupreme Court of the United States · 1991
  2. In Re Consolidated United States Atmospheric Testing Litigation, Christina Konizeski v. Livermore Labs, Alice P. Broudy v. United StatesCourt of Appeals for the Ninth Circuit · 1987
  3. Kendra Summers, a Minor, and Frederick J. Summers, Guardian Ad Litem v. United StatesCourt of Appeals for the Ninth Circuit · 1990
  4. Opal v. Mitchell v. United StatesCourt of Appeals for the Ninth Circuit · 1986
  5. Arthur C. Logan Memorial Hospital v. ToiaDistrict Court, S.D. New York · 1977

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3Cited by9 opinions

  1. Beno v. ShalalaCourt of Appeals for the Ninth Circuit · 1994
  2. Federal Deposit Insurance v. CraftCourt of Appeals for the Ninth Circuit · 1998
  3. 98 Cal. Daily Op. Serv. 7413, 98 Daily Journal D.A.R. 10,293 Federal Deposit Insurance Corporation, as Sole Receiver for Montana Federal Savings Bank of Kalispell, Montana, Plaintiff-Counter-Defendant- Third Party v. Roger Craft, A/k/a/ Roger L. Craft and Norma J. Craft, Defendants-Counter-Claimants-Third Party v. United States of America, Office of Thrift Supervision, as Successor to Federal Home Loan Bank Board, Third PartyCourt of Appeals for the Third Circuit · 1998
  4. Banks v. Secretary of the Indiana Family & Social Services AdministrationDistrict Court, N.D. Indiana · 1992
  5. Edwards v. GriepentrogDistrict Court, D. Nevada · 1992

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