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No. 21-1410October Term 2021Decided Nov 7, 2022Updated Nov 7, 2022

Docket 21-1410October Term 2021 (2021–2022)

Clendening v. United States

This case arises from a suit by the estate of a former military officer who was exposed to contaminated water at Camp Lejeune and later died, alleging the government failed to warn him about the toxic exposure.

Case status

Decided · November 7, 2022

Read the opinion (PDF)
Current stage
Decided
Latest event
Decision released Nov 7, 2022
Case Accepted
Arguments
Decision ReleasedNov 7, 2022
What it's about

This case arises from a suit by the estate of a former military officer who was exposed to contaminated water at Camp Lejeune and later died, alleging the government failed to warn him about the toxic exposure. The issues center on whether his claims are barred because the injury was considered incident to military service and because the Federal Tort Claims Act shields certain government decisions from suit.

Question presented

1. Does Feres v. United States, 340 U.S. 135 (1950) apply to an unwitting Judge Advocate General Officer’s toxic exposure not related to his service. 2. Whether the Federal Tort Claims Act’s discretionary function exception 28 U.S.C 2680(a) applies to the military’s failure to notify and warn Camp Lejeune residents of their exposure to toxins pursuant to standing law.

Case path

United States Court of Appeals for the Fourth Circuit / Decision released Nov 7, 2022

Area

Decided Supreme Court case

Timing

Decided November 7, 2022

The Court released its decision on November 7, 2022 without hearing oral argument.

Activity

Docket activity3
  • Opinion added: Opinion

    Nov 7, 2022 | Court records

  • Brief added: Petition

    Apr 29, 2022 | Court records

  • Court Order added: Lower Court Orders/Opinions

    Feb 18, 2022 | Court records