Editor's Note :

Editor's Note :

In previous years, the Court released orders the morning after the Court’s “Long Conference.” It has not done so this year. Beginning last Term, the Court consistently considered petitions at least two times before granting certiorari. To the extent that practice continues -- and there is no affirmative evidence the Court intends to drop it -- so we are again doubtful that certiorari will be granted in any cases today.

Levin v. United States

Docket No. Op. Below Argument Opinion Vote Author Term
11-1351 9th Cir. Jan 15, 2013
Tr.Aud.
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.

SCOTUSblog Coverage

DateProceedings and Orders
May 8 2012Petition for a writ of certiorari filed. (Response due June 11, 2012)
Jun 6 2012Order extending time to file response to petition to and including July 11, 2012.
Jul 11 2012Brief of respondents United States in opposition filed.
Jul 25 2012DISTRIBUTED for Conference of September 24, 2012.
Sep 25 2012Petition GRANTED.
Oct 4 2012James 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 2012The 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 2012The time to file respondent's brief on the merits is extended to and including December 17, 2012.
Oct 15 2012Motion to dispense with printing the joint appendix filed by Court-Appointed amicus curiae in support of petitioner.
Oct 23 2012Record from U.S.C.A. for 9th Circuit is electronic.-
Oct 23 2012Record from U.S.C.A. for the District of Guam is electronic.
Oct 29 2012Motion to dispense with printing the joint appendix filed by Court-Appointed amicus curiae in support of petitioner GRANTED.
Oct 31 2012SET FOR ARGUMENT ON Tuesday, January 15, 2013
Nov 14 2012Brief amicus curiae of Court-Appointed amicus curiae in support of petitioner filed.
Dec 17 2012Brief of respondents United States, et al. filed.
Dec 19 2012CIRCULATED.
Jan 4 2013Reply of petitioner Court-Appointed amicus curiae in support of petitioner filed. (Distributed)
Jan 15 2013Argued. 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 2013Judgment 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 2013JUDGMENT ISSUED.
 
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