Stanley R. Caidin v. United States

This is an appeal from an order of dismissal by the district court of plaintiff’s complaint for lack of subject matter jurisdiction under the Federal Tort Claims Act. Appellant Stanley Caidin brought an action “on behalf of himself and all persons similarly situated” seeking damages from the United States as a result of the failure of the United States National Bank (USNB) in San Diego, California. The complaint alleges that the Comptroller of the Currency was negligent in enforcing the banking laws as they applied to the USNB and is therefore liable for the losses suffered by the bank’s shareholders.

At issue on this appeal is the extent of the jurisdiction granted by the Federal Tort Claims Act (FTCA). The district court found that Caidin had no express authority to represent the other members of the class and therefore his attempt to present an administrative claim on their behalf was ineffective. Further, the district court judge held that Caidin had failed to state a sum certain for his individual claim, since the only sum requested was for the class as a whole. This failure to file proper administrative claims was held to destroy subject matter jurisdiction over the entire…