RITCHIE v. U.S.

No. 11-16535.

733 F.3d 871 (2013)

Jonathan RITCHIE, Individually and as the Personal Representative of the Estate of Gregory Ritchie, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed October 24, 2013.


Attorney(s) appearing for the Case

Eric A. Seitz (argued), Della Au Belatti , and Ronald N.W. Kim , Honolulu, HI, for Plaintiff-Appellant.

Lowell V. Sturgill Jr. (argued), Appellate Staff Attorney, Civil Division, Department of Justice, Tony West , Assistant Attorney General, Florence T. Nakanuki , United States Attorney, Marleigh D. Dover , Appellate Staff Attorney, Washington, D.C., for Defendant-Appellee.

Before: JEROME FARRIS, DOROTHY W. NELSON, and JACQUELINE H. NGUYEN, Circuit Judges.


OPINION

NGUYEN, Circuit Judge:

In this appeal, we again confront the much-maligned Feres doctrine, which immunizes the United States from liability for tort claims arising out of activities incident to military service. Feres v. United States, 340 U.S. 135, 71 S.Ct. 153, 95 L.Ed. 152 (1950). As with most of our Feres jurisprudence, the claims at issue arise from...

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