CLENDENING v. UNITED STATES

No. 20-1878.

19 F.4th 421 (2021)

Carol V. CLENDENING, as Personal Representative of the Estate of Gary J. Clendening, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: November 30, 2021.


Attorney(s) appearing for the Case

ARGUED: Nicholas Frederick Baker , NICK BAKER LAW LLC, Indianapolis, Indiana, for Appellant. Daniel Tenny , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellee. ON BRIEF: Jeffrey Bossert Clark , Acting Assistant Attorney General, Mark B. Stern , Civil Division, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C.; Robert J. Higdon, Jr. , United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee.

Affirmed by published opinion. Judge WYNN wrote the opinion, in which Judge AGEE and Judge VOLK joined.


In 2019, Carol V. Clendening ("Plaintiff") filed suit against the United States for her husband's wrongful death allegedly caused by his exposure to contaminated water and environmental toxins while stationed at the Marine Corps Base Camp Lejeune in Jacksonville, North Carolina. Her...

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