Panel ‘Regretfully’ Finds Suit Over Lieutenant’s Death Is Barred By Feres Doctrine

(May 10, 2018, 9:28 AM EDT) -- SEATTLE — The Ninth Circuit U.S. Court of Appeals on May 7 affirmed a lower court’s finding that a tort lawsuit brought against the United States for the death of a Navy lieutenant due to a complication following childbirth is barred by the jurisdictional bar recognized in Feres v. United States, 340 U.S. 135, 71 S. Ct. 153, 95 L. Ed. 152 (1950), noting that “if ever there were a case to carve out an exception to the Feres doctrine, this is it,” but only the U.S. Supreme Court has the tools to do that (Walter Daniel v. United States, No. 16-35203, 9th Cir., 2018 U.S. App. LEXIS 11862)....

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