United States Seventh Circuit

In a negligence action involving an airplane collision brought under the Federal Tort Claims Act, district court judgment is affirmed where: 1) the FAA did not exert enough control over the air controllers at the airport where the accident took place to make them de facto federal employees; and 2) the FAA's negligence was shielded by the discretionary-function exception to the liability of the federal government for tort claims.

Appellate Information

• Decided 05/01/2009
• Published 05/01/2009

Judges

• POSNER, Circuit Judge., Before POSNER, RIPPLE, and EVANS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Troy J. Seibert, Zelle, Hofmann, Voelbel, Mason & Gette, Minneapolis, MN, Michael K. Demetrio, Attorney, Corboy & Demetrio, Robert A. Clifford, Attorney, Colin H. Dunn, Attorney (argued), Clifford Law Offices, Daniel T. Madigan, Attorney, Motherway, Glenn & Napleton, Chicago, IL, for Plaintiffs-Appellants.


• For Appellees:
  
• Steven J. Riegel, Attorney (argued), Department of Justice, Washington, DC, Brandt R. Madsen, Attorney, Madsen, Farkas & Powen, Chicago, IL, for Defendant-Appellee.