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Levin v. United States

Docket No.11-1351
Op. Below9th Cir.
ArgumentJan 15, 2013
Vote9-0
AuthorRuth Bader Ginsburg
OpinionMar 4, 2013
TermOctober Term 2012
SCOTUS PageOpinion

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 Ruth Bader Ginsburg on Mar 4, 2013. The opinion is unanimous except insofar as Justice Scalia did not join footnotes 6 and 7.

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.

Proceedings & orders timeline

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.

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