The following excerpt is from Air Crash Disaster Near Cerritos, California, On August 31, 1986, In re, 967 F.2d 1421 (9th Cir. 1986):
The district court had jurisdiction under the Federal Tort Claims Act, 28 U.S.C. 1346(b), 2671-2680. We have appellate jurisdiction under 28 U.S.C. 1291. The crash occurred in California and all of the actions upon which liability is based against the United States took place in California; thus, California tort law applies in determining that liability, 28 U.S.C. 1346(b). We review the district court's findings of fact for clear error, United States v. McConney, 728 F.2d 1195, 1201 (9th Cir.) (en banc), cert. denied, 469 U.S. 824, 105 S.Ct. 101, 83 L.Ed.2d 46 (1984), and review the district court's application of California law to the facts de novo. In Re McLinn, 739 F.2d 1395, 1400 (9th Cir.1984) (en banc).
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.