Levin v. United States
|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
Jan 15, 2013
|Mar 4, 2013||9-0||Ginsburg||OT 2012|
Holding: The Gonzalez Act, 10 U.S.C. § 1089(e), which provides that the intentional tort exception to the Federal Tort Claims Act does not apply to “any cause of action arising out of a negligent or wrongful act or omission in the performance of medical . . . functions,” permits a suit against the United States alleging medical battery by a Navy doctor acting within the scope of his employment.
Judgment: Reversed and remanded, 9-0, in an opinion by Justice Ginsburg on March 4, 2013. The opinion is unanimous except insofar as Justice Scalia did not join footnotes 6 and 7.
- Argument recap: Could Congress be any clearer in waiving the government’s immunity?
- Argument preview: A waiver of sovereign immunity for medical battery claims?
- Six new grants, redistricting ruling
|Date||Proceedings and Orders|
|May 8 2012||Petition for a writ of certiorari filed. (Response due June 11, 2012)|
|Jun 6 2012||Order extending time to file response to petition to and including July 11, 2012.|
|Jul 11 2012||Brief of respondents United States in opposition filed.|
|Jul 25 2012||DISTRIBUTED for Conference of September 24, 2012.|
|Sep 25 2012||Petition GRANTED.|
|Oct 4 2012||James A. Feldman, Esquire, of Washington, D.C., is invited to brief and argue this case, as amicus curiae, in support of the petitioner.|
|Oct 15 2012||The time to file the joint appendix and brief of Court-appointed amicus curiae in support of petitioner is extended to and including November 14, 2012.|
|Oct 15 2012||The time to file respondent's brief on the merits is extended to and including December 17, 2012.|
|Oct 15 2012||Motion to dispense with printing the joint appendix filed by Court-Appointed amicus curiae in support of petitioner.|
|Oct 23 2012||Record from U.S.C.A. for 9th Circuit is electronic.-|
|Oct 23 2012||Record from U.S.C.A. for the District of Guam is electronic.|
|Oct 29 2012||Motion to dispense with printing the joint appendix filed by Court-Appointed amicus curiae in support of petitioner GRANTED.|
|Oct 31 2012||SET FOR ARGUMENT ON Tuesday, January 15, 2013|
|Nov 14 2012||Brief amicus curiae of Court-Appointed amicus curiae in support of petitioner filed.|
|Dec 17 2012||Brief of respondents United States, et al. filed.|
|Dec 19 2012||CIRCULATED.|
|Jan 4 2013||Reply of petitioner Court-Appointed amicus curiae in support of petitioner filed. (Distributed)|
|Jan 15 2013||Argued. For Court-Appointed amicus curiae in support of petitioner: James A. Feldman, Washington, D. C. For respondent: Pratik A. Shah, Assistant to the Solicitor General, Department of Justice, Washington, D. C.|
|Mar 4 2013||Judgment REVERSED and case REMANDED. Ginsburg, J., delivered the opinion of the Court, which was unanimous except insofar as Scalia, J., did not join footnotes 6 and 7.|
|Apr 5 2013||JUDGMENT ISSUED.|