Legal Opinion
Daniel Lesoeur v. United States
Court of Appeals for the Ninth Circuit
Decided April 18, 1994No. 92-16948PublishedCited by 47 opinions
1Opinion of the Court
Opinion by Judge REINHARDT.
REINHARDT, Circuit Judge:
The Lesoeurs appeal the district court’s dismissal of their tort action against the United States for lack of subject matter jurisdiction under the Federal Tort Claims Act (“FTCA”). The district court dismissed the action after finding that it was barred by the discretionary function exception to the FTCA, 28 U.S.C. § 2680(a). Lesoeur first contends that the discretionary function exception does not apply because the National Park Service (“NPS”) faded to comply with federal regulations. Lesoeur also contends that the NPS’s'negligent failure…
2Cases cited9 opinions
- United States v. GaubertSupreme Court of the United States · 1991
- Berkovitz v. United StatesSupreme Court of the United States · 1988
- United States v. S.A. Empresa De Viacao Aerea Rio GrandenseSupreme Court of the United States · 1984
- Bowles v. Seminole Rock & Sand Co.Supreme Court of the United States · 1945
- 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
4 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- Williams v. United StatesCourt of Appeals for the Fourth Circuit · 1995
- Kwai Wong v. David BeebeCourt of Appeals for the Ninth Circuit · 2013
- Carlos Zelaya v. United StatesCourt of Appeals for the Eleventh Circuit · 2015
- Felix Valdez v. United StatesCourt of Appeals for the Ninth Circuit · 1995
- Terbush v. United StatesCourt of Appeals for the Ninth Circuit · 2008
42 more not listed; retrieve them via the Exa API.