9th Cir.
12-56298
The court of appeals affirmed in part and vacated in part a district court judgment. The court held that the federal government’s waiver of sovereign immunity under the Public Vessels Act was not barred by the Act’s reciprocity requirement as to claims brought by Ecuadorian nationals for harms suffered due to the Coast Guard’s seizure and towing of their vessel in international waters. The court held further that the government’s waiver of sovereign immunity also was not barred by the discretionary function exception to the extent the crew’s claims stemmed from the government’s failure to meet its non-discretionary duty to pay damages, as set out in Ecuador’s authorization to board the crew’s vessel and as incorporated by reference in the Coast Guard’s regulations and policies.
