United States Ninth Circuit

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

• Published 2017/04/10

Judges

• LUCERO

Court

• United States Ninth Circuit

Counsel