How does the law of the state apply to a claim under the Federal Tort Claims Act?
MultiRegion, United States of America
The following excerpt is from L. B. v. United States, 20-35514 (9th Cir. 2021):
Because this case comes to us under the Federal Tort Claims Act, we apply the law of the state "where the act or omission occurred." 28 U.S.C. 1346(b)(1); see Wilson v. Drake, 87 F.3d 1073, 1076 (9th Cir. 1996). The alleged tortious acts in this case occurred in Montana; therefore, Montana law applies.
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