Levin v. United States
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 11-1351 | 9th Cir. | Jan 15, 2013 | Mar 4, 2013 | 9-0 | Ginsburg | OT 2012 |
Holding: The Gonzalez Act, 10 U.S.C. ยง 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
- Argument recap: Could Congress be any clearer in waiving the government's immunity? (Kevin Amer, January 20, 2013)
- Argument preview: A waiver of sovereign immunity for medical battery claims? (Kevin Amer, January 11, 2013)
- Six new grants, redistricting ruling (Lyle Denniston, September 25, 2012)
| Date | Proceedings and Orders |
|---|---|
| 05/08/2012 | Petition for a writ of certiorari filed. (Response due June 11, 2012) |
| 06/06/2012 | Order extending time to file response to petition to and including July 11, 2012. |
| 07/11/2012 | Brief of respondents United States in opposition filed. |
| 07/25/2012 | DISTRIBUTED for Conference of September 24, 2012. |
| 09/25/2012 | Petition GRANTED. |
| 10/04/2012 | James A. Feldman, Esquire, of Washington, D.C., is invited to brief and argue this case, as amicus curiae, in support of the petitioner. |
| 10/15/2012 | 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. |
| 10/15/2012 | The time to file respondent's brief on the merits is extended to and including December 17, 2012. |
| 10/15/2012 | Motion to dispense with printing the joint appendix filed by Court-Appointed amicus curiae in support of petitioner. |
| 10/23/2012 | Record from U.S.C.A. for 9th Circuit is electronic.- |
| 10/23/2012 | Record from U.S.C.A. for the District of Guam is electronic. |
| 10/29/2012 | Motion to dispense with printing the joint appendix filed by Court-Appointed amicus curiae in support of petitioner GRANTED. |
| 10/31/2012 | SET FOR ARGUMENT ON Tuesday, January 15, 2013 |
| 11/14/2012 | Brief amicus curiae of Court-Appointed amicus curiae in support of petitioner filed. |
| 12/17/2012 | Brief of respondents United States, et al. filed. |
| 12/19/2012 | CIRCULATED. |
| 01/04/2013 | Reply of petitioner Court-Appointed amicus curiae in support of petitioner filed. (Distributed) |
| 01/15/2013 | 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. |
| 03/04/2013 | 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. |
| 04/05/2013 | JUDGMENT ISSUED. |
Holding: The Gonzalez Act, 10 U.S.C. ยง 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.