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No. 18-460October Term 2018Decided May 20, 2019

Docket 18-460October Term 2018 (2018–2019)

Walter Daniel, Individually and as Personal Representative of the Estate of Rebekah Daniel, Petitioner v. United States

The Supreme Court passed on this challenge to Feres, leaving the lower-court ruling untouched and the broader issue unresolved by the justices.

Case status

Current stage
Decided
Latest event
Decision released May 20, 2019
Case Accepted
Arguments
Decision ReleasedMay 20, 2019
What it's about

from the United States Court of Appeals for the Ninth Circuit.

Question presented

1. Does the Feres doctrine bar service members, or their estates, from bringing claims for medical malpractice under the Federal Tort Claims Act where the medical treatment did not involve any military exigencies, decisions, or considerations, and where the service member was not engaged in military duty or a military mission at the time of the injury or death? 2. Should Feres be overruled for medical malpractice claims brought under the Federal Tort Claims Act where the medical treatment did not involve any military exigencies, decisions, or considerations, and where the service member was not engaged in military duty or a military mission at the time of the injury or death?

Case path

United States Court of Appeals for the Ninth Circuit / Decision released May 20, 2019

Area

Decided Supreme Court case

Briefing

What it's about

The case asked whether the Feres doctrine blocks service members or their estates from suing the United States for medical malpractice when the treatment involved no military mission, exigency, or similar military considerations. On May 20, 2019, the Supreme Court declined review, so it did not decide that merits question and left the Ninth Circuit's result in place.

Impact

The case mattered to service members and families seeking damages for alleged medical malpractice tied to military service. Because the Court declined review, the existing barrier from Feres stayed unchanged in this case.

What's next

This Supreme Court docket action is over. The Ninth Circuit's judgment remains in place, and the broader question would have to return in a later case.

What did the Supreme Court do in Daniel v. United States?

The Court declined review on May 20, 2019. It did not decide whether Feres should be narrowed or overruled for these medical malpractice claims.

How does Daniel affect service members and their families?

It leaves existing barriers in place for active-duty service members or estates seeking damages for alleged malpractice tied to service.

What happens next in Daniel v. United States?

This Supreme Court docket is over. The Ninth Circuit result stays in place unless a later case brings the issue back.

Decision

Decision record

What the Court decided

The Supreme Court passed on this challenge to Feres, leaving the lower-court ruling untouched and the broader issue unresolved by the justices.

Impact

The case mattered to service members and families seeking damages for alleged medical malpractice tied to military service. Because the Court declined review, the existing barrier from Feres stayed unchanged in this case.

Not official Court text.

Opinion documents

Timing

Decided May 20, 2019

The Court released its decision on May 20, 2019 without hearing oral argument.