United States Fourth Circuit

In a negligence action against the U.S. based on the Coast Guard's failure to perform certain tests on a ship, the dismissal of the complaint is affirmed where the entire action was barred by the discretionary function exception to the Government's waiver of sovereign immunity.

Appellate Information

• Decided 06/25/2009
• Published 06/25/2009

Judges

• Before DUNCAN, Circuit Judge, HAMILTON, Senior Circuit Judge, and MALCOLM J. HOWARD, Senior United States District Judge for the Eastern District of North Carolina, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Robert Hopkins, Duane Morris, LLP, Baltimore, Maryland, for Appellants.  Stephen Robert Campbell, United States Department of Justice, Washington, D.C., for Appellee.   ON BRIEF:  Susan M. Euteneuer, Duane Morris, LLP, Baltimore, Maryland;  George R. Zacharkow, Faust Mattioni, Mattioni, Ltd., Philadelphia, Pennsylvania, for Appellants.   Michael F. Hertz, Acting Assistant Attorney General, United States Department of Justice, Washington, D.C., Rod J. Rosenstein, United States Attorney, Baltimore, Maryland, Robert E. Kelly, United States Department of Justice, Torts Branch, Civil Division, Washington, D.C., for Appellee.