Richard Tallman

Richard Tallman

Nonpartisan

United States Court of Appeals for the 9th Circuit (senior status)

Tenure

2018 - Present

Years in position

6

Prior offices

United States Court of Appeals for the 9th Circuit

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Education

Bachelor's

University of Santa Clara, B. Sc., 1975

Law

Northwestern University School of Law, 1978

Personal

Birthplace

Oakland, Calif.

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Richard C. Tallman is a federal judge on senior status with the United States Court of Appeals for the 9th Circuit. He joined the court in 2000 after being nominated by President Bill Clinton. He assumed senior status on March 3, 2018.

Early life and education

Born in Oakland, California, Tallman graduated from the University of Santa Clara with his B. Sc. in 1975, and from Northwestern University School of Law with his J.D. in 1978.

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

Nomination Tracker
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 the United States Court of Appeals for the 9th Circuit by President Bill Clinton on October 20, 1999, to a seat vacated by Betty Binns Fletcher as Fletcher assumed senior status. The American Bar Association rated Tallman Substantial Majority Well Qualified, Minority Qualified for the nomination. Hearings on Tallman's nomination were held before the United 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 the U.S. Senate on May 24, 2000, and he received his commission the next day. He assumed senior status on March 3, 2018

Foreign Intelligence Surveillance Court of Review

Richard Tallman was appointed by Chief Justice John 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.

Noteworthy cases

SCOTUS reverses Ninth Circuit judgment on Gonzalez Act tort exception (2013)

See also: United States Court of Appeals for the 9th Circuit (Levin v. United States)

On March 4, 2013, the U.S. Supreme Court reversed the judgment of a three-judge panel of the Ninth Circuit. Judge Richard 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 for summary judgment. A federal district court granted summary 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 the Ninth Circuit, in an opinion by Judge Richard Tallman, upheld the lower court' dismissal.

Writing for a unanimous U.S. Supreme Court, Justice Ruth Bader Ginsburg reversed 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.

See also

• United States Court of Appeals for the 9th Circuit

External links

• Judge Tallman's biography from the Federal Judicial Center

Footnotes

Political offices
Preceded by: Betty Binns Fletcher	Ninth Circuit Court of Appeals 2000–2018	Succeeded by: Eric Miller