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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.