Richard Tallman
Richard C. Tallman is afederal judge onsenior status with theUnited States Court of Appeals for the 9th Circuit. He joined the court in 2000 after being nominated by PresidentBill Clinton. He assumed senior status on March 3, 2018.
Early life and education
Born inOakland, California, Tallman graduated from the University of Santa Clara with his B. Sc. in 1975, and from Northwestern University School of Law with hisJ.D. in 1978.[1]
Professional career
- 1983-2000: Private practice,Seattle, Wa.
- 1980-1983:Assistant U.S. attorney,Western District of Washington
- 1979-1980: Trial attorney, criminal division,U.S. Department of Justice
- 1978-1979: Law clerk, Hon.Morell Sharp,Western District of Washington
Judicial career
Ninth Circuit Court of Appeals
 |
| Nominee Information |
| Name: Richard C. Tallman |
| Court:United States Court of Appeals for the 9th Circuit |
| Progress |
| Confirmed 217 days after nomination. |
 ANominated: October 20, 1999 |
| AABA Rating:Substantial Majority Well Qualified, Minority Qualified |
| Questionnaire: |
| AHearing: March 23, 2000 |
| QFRs:(Hover over QFRs to read more) |
| AReported: April 12, 2000 |
| AConfirmed: May 24, 2000 |
| AVote: Voice vote |
Tallman was nominated to theUnited States Court of Appeals for the 9th Circuit by PresidentBill Clinton on October 20, 1999, to a seat vacated byBetty Binns Fletcher as Fletcher assumedsenior status. TheAmerican Bar Association rated TallmanSubstantial Majority Well Qualified, Minority Qualified for the nomination.[2] Hearings on Tallman's nomination were held before theUnited States Senate Committee on the Judiciary on March 23, 2000, and his nomination was reported by U.S. Sen.Orrin Hatch (R-Utah) on April 12, 2000. Tallman was confirmed on a voice vote of theU.S. Senate on May 24, 2000, and he received his commission the next day.[1][3] He assumed senior status on March 3, 2018
Foreign Intelligence Surveillance Court of Review
Richard Tallman was appointed byChief JusticeJohn Roberts to the three judge panel of the Foreign Intelligence Surveillance Court of Review. His term began on January 27, 2014, and expired on January 26, 2021.[4]
Noteworthy cases
SCOTUS reverses Ninth Circuit judgment on Gonzalez Act tort exception (2013)
On March 4, 2013, theU.S. Supreme Courtreversed the judgment of a three-judge panel of theNinth Circuit. JudgeRichard Tallman issued the opinion of the panel in the case.
In 2003, Steven Levin underwent cataract surgery performed by a naval surgeon in Guam. Levin consented in writing to the surgery, but later claimed that he attempted to withdraw consent verbally. Levin suffered complications from the surgery. Levin sued the doctor for battery and negligent medical malpractice. The United States substituted itself for the doctor and filed a motion forsummary judgment. A federal district court grantedsummary judgment for the negligent medical malpractice claim, but not the battery claim. The United States filed a motion to dismiss the battery claim in district court, arguing that the Federal Tort Claims Act preserved sovereign immunity against battery claims. The district court dismissed the claim. A three-judge panel of theNinth Circuit, in an opinion by JudgeRichard Tallman, upheld the lower court' dismissal.
Writing for a unanimousU.S. Supreme Court, JusticeRuth Bader Ginsburgreversed the circuit court's decision, holding that the Medical Malpractice Immunity Act, which is also known as the Gonzalez Act, did not extend the intentional tort exception to wrongful or negligent medical care performed by an armed forces physician.[5][6]
See also
External links
Footnotes
- ↑1.01.1Federal Judicial Center, "Biographical directory of federal judges," accessed July 16, 2016
- ↑American Bar Association, "Ratings of Article III judicial nominees, 106th Congress," accessed July 16, 2016
- ↑United States Congress, "PN 647 - Richard C. Tallman - The Judiciary," accessed July 16, 2016
- ↑Federal Association of Scientista, "Foreign Intelligence Surveillance Court of Review," accessed February 10, 2014
- ↑Supreme Court of the United States,Steven Alan Levin v. United States et al., March 4, 2013
- ↑Oyez.org, "Levin v. United States," accessed October 12, 2017
| Political offices | ||
|---|---|---|
| Preceded by: Betty Binns Fletcher | Ninth Circuit Court of Appeals 2000–2018 | Succeeded by: Eric Miller |
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- Pages using DynamicPageList3 parser function
- Appointed by Bill Clinton
- Appointed by William J. Clinton
- Confirmed 2000
- Federal Article III judges
- Federal judiciary nominee, October 1999
- Judge on senior status, United States Court of Appeals for the 9th Circuit
- Senior federal judge
- United States of America
- Noteworthy case
- Judge on senior status, Ninth Circuit
