The firm has filed a Petition in the US Supreme Court on behalf of former SFPD officers and their family members who allege cancer and other ailments caused by exposure to toxic and radioactive materials at Hunters Point Naval Shipyard. Firm members Khaldoun Baghdadi, Sara Peters, Kelly Ganci and Ashcon Minoiefar sued the federal government for negligence on behalf of the clients. The Ninth Circuit held that the court lacked subject matter jurisdiction for all of the plaintiffs’ claims under the Federal Tort Claims Act (FTCA), because the cases arose from “… misrepresentations,” and thus were barred by section 2680(h) of the FTCA. This even though the plaintiffs did not personally rely on any alleged misrepresentation. The petition filed in the US Supreme Court asks the Justices to reverse the 9th circuit decision and reinstate the case.
The case is ABBEY, ET AL. PETITIONERS, v. UNITED STATES OF AMERICA; UNITED STATES DEPARTMENT OF THE NAVY, RESPONDENTS
