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. § 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. § 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.