Topic: the government is not liable under the federal tort claims … · Go Syfert
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Topic #934

8 canonical passages across 5 cases, quoted by 258 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Feres v. United States.

#Case FlagCanonical passage Citers
1 Feres v. United States Anchor
scotus · 1950
green “the government is not liable under the federal tort claims act for injuries to servicemen where the injuries arise out of or are in the course of activity incident to service.” 108
2 Feres v. United States
scotus · 1950
green “arise out of or are in the course of activity incident to service.” 81
3 Feres v. United States
scotus · 1950
green “for injuries to servicemen where the injuries arise out of or are in the course of activity incident to service.” 39
4 Brooks v. United States
scotus · 1949
green “except in the sense that all human events depend upon what has already transpired.” 9
5 Stencel Aero Engineering Corp. v. United States
scotus · 1977
green “involve second-guessing military orders, and would often require members of the armed services to testify in court as to each other's decisions and actions.” 8
6 United States v. Shearer
scotus · 1985
green “the type of claims that, if generally permitted, would involve the judiciary in sensitive military affairs at the expense of military discipline and effectiveness.” 8
7 Brooks v. United States
scotus · 1949
green “injuries were not caused by their service except in the sense that all human events depend upon what has already transpired.” 3
8 Shearer, Louise, Ind. And as Administratrix of the Estate of Shearer, Vernon, Deceased v. United States of America C/o Peter F. Vaira, U.S. Attorney
ca3 · 1984
green “second-guess military decisions” 2

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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