George W. Cadwalder, Mary Kathleen Cadwalder v. United States

In this case, we allowed an interlocutory appeal of the district court’s order granting plaintiff-appellee’s motion for joinder. The underlying action involves the voluntary assignment of a tort claim against the United States, and implicates both the Assignment of Claims Act and the Federal Tort Claims Act. Because the district court’s ruling in this case contravenes both the language and purposes of these two statutes, we reverse.

BACKGROUND

In July 1985, the Savage Creek fire, which originated in the Payette National Forest in Utah, spread to a ranch then owned by the McBride Family Trust. George and Mary Cadwalder purchased the ranch on December 26, 1985. They were aware of the fire damage at the time of the sale. The Idaho First National Bank (now West One Bank), acting as trustee for the McBride Family Trust, assigned to the Cadwalders the right to pursue a claim against the Forest Service for the fire damage to the ranch.

On July 10, 1987, the Cadwalders filed an administrative claim with the Department of Agriculture (“Department”) alleging that the ranch had been damaged as a result of the Forest Service’s negligence in fighting the Savage Creek fire. In a letter dated…