· 3/29/1996
John G. Robb v. United States
Citations
- 80 F.3d 884
- 1996 U.S. App. LEXIS 5826
- 1996 WL 155238
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that 28 U.S.C. § 2671 specifically excludes contractors from the definition of “federal agency” for purposes of the FTCA
- finding that while some factors support that doctor was an employee, on balance there was more evidence he was an independent contractor, especially the intent in the contract
- applying common law principles to determine federal question of whether physician was independent contractor for purposes of FTCA
- finding dismissal under independent contractor exception is dismissal for want of subject-matter jurisdiction
- \we can not ignore the clear expression of intent ... to establish an independent contractor relationship\
- “The FTCA, as a waiver of sovereign immunity, is strictly construed, and all ambiguities are resolved in favor of the sovereign.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Wilkinson, Hamilton, Blake
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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