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United States DC Circuit


Jerome Stevens Pharm. v. FDA, 04-5238

In a suit under the Federal Tort Claims Act(FTCA), the district court erred in ruling that plaintiff's tort claims were barred by the discretionary function and intentional tort exceptions to the FTCA.

Appellate Information

  • Argued 03/17/2005
  • Decided 04/08/2005
  • Published 04/08/2005

Judges

  • Before:  SENTELLE, HENDERSON and ROGERS, Circuit Judges.

Court

  • United States DC Circuit

Counsel

  • For Appellant:
  • Samuel H. Israel argued the cause for appellant.   With him on the briefs were John P. Halfpenny and Russell J. Gaspar.

  • For Appellees:
  • Thomas M. Bondy, Attorney, U.S. Department of Justice, argued the cause for appellees.   With him on the brief were Peter D. Keisler, Assistant Attorney General, Kenneth L. Wainstein, U.S. Attorney, and Mark B. Stern, Attorney.
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