S.H. BY HOLT v. U.S.

No. 15-15000.

853 F.3d 1056 (2017)

S.H., a minor, BY her guardian ad litem, Chantal HOLT; William Kenneth Holt; Chantal Holt, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed April 10, 2017.


Attorney(s) appearing for the Case

John Samuel Koppel (argued) and Mark B. Stern , Attorneys, Appellate Staff; Benjamin B. Wagner , United States Attorney; Benjamin C. Mizer , Principal Deputy Assistant Attorney General; Civil Division, United States Department of Justice, Washington, D.C.; for Defendant-Appellant.

Steven B. Stevens (argued), Steven B. Stevens APC, Los Angeles, California; Martin M. Berman , Law Offices of Martin M. Berman, Palm Springs, California; for Plaintiffs-Appellees.

Concurrence by Judge Graber.


OPINION

In Sosa v. Alvarez-Machain, 542 U.S. 692, 124 S.Ct. 2739, 159 L.Ed.2d 718 (2004), the Supreme Court held that the foreign country exception to the Federal Tort Claims Act ("FTCA") "bars all claims based on any injury suffered in a foreign country." Id. at 712...

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