New Case from Ninth Circuit - Tokio Marine Nichido Fire Ins. Co. v. United States

New case from the Ninth Circuit Court of Appeals.  It is unpublished and is very, VERY, skimpy on facts, law and analysis.  My read is that there was property damage to vehicles caused by soot emanating from a Navy vessel.  This case turned on the discretionary function exception to the waiver of sovereign immunity in some statute (opinion doesn't say, but probably Federal Tort Claims Act).  The trial court found the the United States to have not waived sovereign immunity and therefore, there was no jurisdiction to hear the claim.

The case is Tokio Marine Nichido Fire Ins. Co. v. United States, 2010 U.S. App. LEXIS 10129, can be found here.