United States Ninth Circuit

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S.H. v. US, 15-15000

In an action brought by a military family under the Federal Tort Claims Act (FTCA) against the United States, alleging that plaintiff's child's birth injuries resulted from the negligent approval of plaintiff's command-sponsored travel overseas, the district court's judgment in favor of plaintiffs is vacated where: 1) plaintiff's claims arose in Spain and therefore were barred by the FTCA's foreign country exception; and thus 2) the claims must be dismissed for lack of subject matter jurisdiction.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2017/04/10

Judges

  • LUCERO

Court

  • United States Ninth Circuit

Counsel


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