United States Second Circuit

An action brought under the Federal Tort Claims Act that is dismissed for lack of subject matter jurisdiction does not bar a subsequent suit involving the same subject matter.

Appellate Information

• Decided 10/22/2004
• Published 10/25/2004

Judges

• Before:  MINER and RAGGI, Circuit Judges, and MARRERO, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Teal Luthy Miller, Attorney, Appellate Staff, Civil Division, United States Department of Justice, Washington, D.C. (Barbara L. Herwig, Attorney, Appellate Staff, Civil Division, United States Department of Justice, Peter D. Keisler, Assistant Attorney General, Civil Division, United States Department of Justice, and Glenn T. Suddaby, United States Attorney for the Northern District of New York, on the briefs), for Defendants-Appellants., Kenneth M. Sissel, Esq. (Janise L. Miller, on the brief), for Plaintiffs-Appellees.