Can a discretionary final review affect the merits of a claim?
MultiRegion, United States of America
The following excerpt is from Dichter-Mad Family Partners, LLP v. United States, D.C. No. 2:09-CV-09061- SVW-FMO, No. 11-55577 (9th Cir. 2013):
11. The court also noted, however, that the presence of a discretionary final review might affect the merits of the claim because the plaintiff would be unable to show that the negligent acts proximately caused the plaintiff's harm. Id. (citing Routh v. United States, 941 F.2d 853, 855 (9th Cir. 1991).)
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