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Smith Vs. United States

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  • US Supreme Court
  • Dec 07, 1992

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61 entries 6 linked 55 unlinked
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  1. United States Vs. Orleans US Supreme Court · Jun 01, 1976
  2. United States Vs. Spelar US Supreme Court · Nov 07, 1949
  3. United States Vs. Kubrick US Supreme Court · Nov 28, 1979
  4. Foley Bros., Inc. Vs. Filardo US Supreme Court · Mar 07, 1949
  5. Block Vs. Neal US Supreme Court · Mar 07, 1983
  6. Westfall Vs. Erwin US Supreme Court · Jan 13, 1988
  7. Smith v. United
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  8. States - 507 U.S. 197 (1992) October Term, 1992 Syllabus Smith V. United
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  9. either extending or narrowing the statute's sovereign immunity waiver beyond what Congress intended, United States v. Kubrick
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  10. and with the presumption against extraterritorial application of United States statutes, see, e. g., EEOC v. Arabian
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  11. within the meaning of the statute. Adopting the analysis and conclusion of then-Judge Scalia, see Beattie v. United
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  12. exception would not be compromised by the exercise of jurisdiction here, since the United States 2 Cf. Beattie v. United
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  13. Richards v. United
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  14. on the Judiciary, 77th Cong., 2d Sess., 29, 35, 66 (1942). As we observed in 203 Machine Works, Ltd. v. Kockum
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  15. interpreting the FTCA contain varying statements as to how it should be construed. See, e. g., United States v. Yellow
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  16. Dalehite v. United
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  17. Kosak v. United
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  18. States, 465 U. S. 848 , 853, n. 9 (1984). See also United States v. Nordic
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  19. S. 30 , 34 (1992). A recent statement of this sort, and the one to which we now adhere, is found in United States v. Kubrick
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  20. States statutes requires that any lingering doubt regarding the reach of the FTCA be resolved against United States v. Spelar
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  21. EEOC v. Arabian
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  22. American Oil Co., 499 U. S. 244 ,248 (1991) (quoting Foley Bros., Inc. v. Filardo
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  23. accord, e. g., Argentine Republic v. Amerada
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  24. issue of extraterritorial application in the foreign-country exception. To the contrary, as we stated in United States v. Spelar
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  25. laws and those of other nations which could result in international discord.''' Brief for Petitioner 16 (quoting EEOC v. Arabian
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  26. United States v. Yellow
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  27. in this case and Judge Wilkey's opinion for the Court of Appeals for the District of Columbia Circuit in Beattie v. United
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  28. See United States v. United
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  29. States for claims arising on the high seas under the DOHSA and the general maritime law. See, e. g., United States v. Gavagan
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  30. Blumenthal v. United
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  31. Kunkel v. United
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  32. Moran v. United
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  33. of the United States for claims arising from both personal injury and death on the high seas). See also McCormick v. United
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  34. Roberts v. United
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  35. purview of the Suits in Admiralty Act and thus outside the waiver of sovereign immunity in the FTCA. See United States v. United
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  36. Ante, at 203. Instead of answering that question, however, the Court cites a nebulous statement in United States v. Kubrick
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  37. United States v. Nordic
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  38. Village, Inc., 503 U. S. 30 , 34 (1992) (quoting United States v. Yellow
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  39. for- 10 See also Block v. Neal
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  40. U. S. 289 , 298 (1983), and United States v. Aetna
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  41. to add to its rigor by refinement of construction where consent has been announced.''' Ibid. (quoting Anderson v. Hayes
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  42. the exercise of civil jurisdiction in transitory actions arising in places not subject to any sovereign. Mos tyn v. Fabrigas
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  43. Eng. Rep. 1021, 1032 (K. B. 1774). See also Dutton v. Howell
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  44. doctrine of personal sovereignty is well recognized in our cases. As Justice Holmes explained in American Banana Co. v. United
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  45. jurisdiction over the conduct of their own citizens abroad or on the high seas. As we explained in Skiriotes v. Florida
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  46. the statute contains an omission that is no stranger to our law. In our opinion in Bru nette Machine Works, Ltd. v. Kockum
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  47. Spelar v. United
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  48. Westfall v. Erwin
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  49. Syllabus Smith V. United
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  50. Beattie v. United
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