Cases

264 F.3d 344 (3rd Cir. 2001) IN RE: ORTHOPEDIC BONE SCREW PRODUCT LIABILITY LITIGATION (MDL No. 1014)J.T. Bradley and Kathy W. Bradley, Appellants in No. 00-3899Regina M. Luellen and Eurston Luellen, Sr., Appellants in No. 00-3900Randal Jon Uribe, Appellant in No. 00-3901Mitchell H. Walker and Kim S. Walker, Appellants in No. 00-3902Jose Morfin, Appellant in No. 00-3903Mary K. Mullen Schmelter and Kurt Allen Schmelter, Appel

ORDER YOCK, Judge. This civilian overtime and premium pay dispute is before the Court on the defendant’s motion to dismiss for lack of jurisdiction filed on June 4, 1990. For the reasons stated herein, defendant’s motion is granted in part and denied in part. Facts All the plaintiffs in this case are guards employed by the United States Department of

OPINION OF THE COURT REAVLEY, Circuit Judge. This Federal Torts Claims Act (FTCA) claim against the Food and Drug Administration (FDA) for granting clearance to market certain types of pedicle screw fixation devices (referred to generally as bone screws) was dismissed by the District Court pursuant to the discretionary function exception to the FTCA.1 Appellants contend here that