Lomando v. United States

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the United States, as deemed employer of volunteer physicians, stood in shoes of free nonprofit health center in answering for alleged tortious conduct of volunteer physicians
• noting that the text of the FTCA “shadows precisely the common law of respondeat superior liability”
• explaining that the United States is answerable under the FTCA in the same manner and to the same extent as a private employer under like circumstances
• noting that the government stood in the shoes of a similarly-placed private employer of physicians and concluding that New Jersey’s charitable immunity statute precluded recovery on medical malpractice claim
• stating that “it is well-established that [Federal Rule of Civil Procedure] 19 does not require the joinder of joint tortfeasors[;] [n]or does it require joinder of principal and agent”
• explaining that the FTCA “does not itself create a substantive cause of action against the United States” but instead “provides a mechanism for bringing a state law tort action against the federal government in federal court” (quotation omitted)

Source: CourtListener parenthetical corpus (CC0).