CHILDS v. SAN DIEGO FAMILY HOUSING LLC

No. 20-56049.

22 F.4th 1092 (2022)

Lena CHILDS, an individual; Donald Childs, an individual; T. Childs, a minor by and through her guardian ad litem, Lena Childs; A. Childs, a minor by and through her guardian ad litem, Lena Childs, Plaintiffs-Appellees, v. SAN DIEGO FAMILY HOUSING LLC, a California Limited Liability Corporation; Lincoln Military Property Management, LP, a Delaware Limited Partnership, Defendants-Appellants, and Indepth Corporation, a California Corporation; Does, 1 through 25 inclusive, Defendants.

United States Court of Appeals, Ninth Circuit.

Filed January 14, 2022.


Attorney(s) appearing for the Case

Don Willenburg (argued), Gordon & Rees Scully Mansukhani LLP, Oakland, California; Kristin N. Reyna Dehart and Matthew P. Nugent , Gordon & Rees Scully Mansukhani LLP, San Diego, California; for Defendants-Appellants.

Martin Nebrida Buchanan (argued), Law Offices of Martin N. Buchanan, San Diego, California; Robert J. Fitzpatrick , Fitzpatrick Law APC, San Diego, California, for Plaintiffs-Appellees.

Daniel Winik (argued) and H. Thomas Byron III , Appellate Staff; Randy S. Grossman , Acting United States Attorney; Brian M. Boynton , Acting Assistant Attorney General; United States Department of Justice, Civil Division, Washington, D.C.; for Amicus Curiae United States of America.

Before: Sandra S. Ikuta, Mark J. Bennett, and Ryan D. Nelson, Circuit Judges.


OPINION

In this appeal, defendants claim they have derivative sovereign immunity under Yearsley v. W.A. Ross Construction Co., 309 U.S. 18, 60 S.Ct. 413, 84 L.Ed. 554 (1940), and therefore the district court should have granted their motion to dismiss. We hold that a district...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases