On February 25, 2021, the U.S. Supreme Court unanimously decided Brownback v. King, No. 19–546, holding that the judgment bar of the Federal Tort Claims Act was triggered by a judgment of dismissal for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6) because that dismissal was “on the merits,” even though it also deprived the district court of subject-matter jurisdiction….
By: Faegre Drinker Biddle & Reath LLP
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