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Discretionary function exception

Camp Lejeune North Carolina Water Contamination Litigation

A district court dismissed a multidistrict Federal Tort Claims Act (FTCA) lawsuit filed against the U.S. government by service members and their families. The plaintiffs alleged that the government failed to monitor and warn them about...

Atherton v. United States

A district court dismissed an individual's Federal Tort Claims Act (FTCA) lawsuit against the United States for allegedly causing him to suffer severe emotional trauma and harm to his "internal organs" after he woke up to the sound of a...

Firebaugh Canal Water District v. United States

The Ninth Circuit affirmed a lower court's grant of summary judgment in favor of DOI in water districts' lawsuit challenging the agency's management of California's Central Valley Project. The water districts argued that DOI should be...

Katrina Canal Breaches Litigation

The Fifth Circuit withdrew its prior ruling and held that the discretionary function exception to the Federal Tort Claims Act (FTCA) shields the U.S. Army Corps of Engineers from liability for flood damage stemming from Hurricane...

In re Tennessee Valley Authority Ash Spill Litigation

A district court held that the Tennessee Valley Authority (TVA) is liable for damages to property owners and residents following a containment dike failure at its Kingston Fossil plant that spilled more than 5 million cubic yards of...

S.R.P. v. United States

The Third Circuit upheld the dismissal of a mother's Federal Tort Claims Act (FTCA) suit against the government after her child was bitten by a barracuda while playing near the shore of Buck Island Reef National Monument in St. Croix...

Sánchez v. United States

The First Circuit upheld the dismissal of residents' Federal Tort Claims Act (FTCA) against the United States in connection with the Navy's alleged negligence in emitting certain pollutants during military exercises at a naval...

Myers v. United States

The Ninth Circuit reversed a lower court decision dismissing parents' suit against the United States under the Federal Tort Claims Act (FTCA) for injuries their child allegedly suffered due to exposure to thallium—a toxic heavy metal—...

Jones v. United States

A district court denied the United States’ motion to dismiss a complaint, brought pursuant to the Federal Tort Claims Act (FTCA), in which plaintiff alleged that exposure to contaminants in the water supply at Camp Lejeune caused...

In re Katrina Canal Breaches Consol. Litig.

A district court held that the U.S. Army Corps of Engineers is liable to five homeowners and business under the Federal Tort Claims Act (FTCA) for damages they incurred in the aftermath of Hurricane Katrina. The Corps' negligent failure...