United States Ninth Circuit

District court properly dismissed plaintiffs' claims of negligence against the SEC and the US for their losses in the Madoff Ponzi scheme, where: 1) the district court lacked jurisdiction under the Federal Tort Claims Act because the claims fell within the "discretionary function" exception to the United States' waiver of sovereign immunity in the Federal Tort Claims Act; 2) the additional allegations made in the Second Amended Complaint were insufficient to overcome the discretionary function exception to the Act's waiver of sovereign immunity; and 3) the district court did not abuse its discretion in denying plaintiffs' request for additional discovery.

Appellate Information

• Decided 01/28/2013
• Published 01/28/2013

Judges

• PER CURIAM

Court

• United States Ninth Circuit

Counsel