North American Broadcasting, LLC v. United States

MEMORANDUM ***

North American Broadcasting, LLC (“NAB”), sued the Federal Trade Commis *373 sion (“FTC”) under the Federal Tort Claims Act seeking to recover $2.2 million in damages suffered as a result of the actions of a court-appointed receiver. In its complaint NAB alleged three causes of action: (1) negligence; (2) conversion; and (8) breach of a fiduciary duty. The district court granted summary judgment in favor of the FTC, holding that most of the claims were barred by the applicable limitations and, as to the remainder of the claims, the FTC was not liable for any loss resulting from the acts of the receiver. The remaining facts are known to the parties and will not be repeated.

We review de novo the district court’s grant of summary judgment and, viewing the evidence in the light most favorable to the non-moving party, determine whether there are any genuine issues of material fact for trial. In re Syncor ERISA Litig., 516 F.3d 1095, 1100 (9th Cir.2008). The interpretation and application of a federal statute is a question of law reviewed de novo. SEC v. Gemstar TV Guide Intern., Inc., 367 F.3d 1087, 1091 (9th Cir.2004).

Whether a claim is barred by the statute of…