Ninth Circuit Creates Split Re Waiver of Sovereign Immunity under Public Vessels Act

United States—Sovereign Immunity

Tobar v. United States
 (79 U.S.L.W. 2449) (May 2011)

Does the United States' waiver of sovereign immunity in the Public Vessels Act for “damages caused by a public vessel”apply when a crew from a public vessel boards a private vessel? The Ninth Circuit says that it does, but the Eleventh Circuit has held that it does not.