⚖ Oral Arguments, with Context

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Saldanha v. USA — 9th Cir. (Oct 28, 2026)

No. 25-3890 Argued October 28, 2026 Published October 29, 2026

Retirement advice from federal human-resources staff is at the center of Malcolm Saldanha's suit against the United States. He alleges that the specialists advised him incorrectly about his retirement benefits. He sued under the Federal Tort Claims Act, but the district court dismissed his case. He is now challenging that dismissal. The Act allows certain negligence claims against the government. That permission matters because sovereign immunity generally shields the government from suit unless Congress allows it. But Section 2680 H excludes claims arising out of misrepresentation. That can include careless misinformation, not just deliberate lies. The legal distinction you will hear is between harmful misinformation and negligent performance of a separate task. Robert Baskin represents Saldanha. Assistant United States Attorney Jessica Cheh represents the government. They will address whether this retirement-benefits dispute can proceed under the Act.

Saldanha v. USA (No. 25-3890) — U.S. Court of Appeals for the Ninth Circuit, argued October 28, 2026.

Sources
Argument audio — official Ninth Circuit original, October 28, 2026:https://cdn.ca9.uscourts.gov/datastore/media/2026/10/28/25-3890.mp3
Official recording archive:https://www.ca9.uscourts.gov/cases/streams-videos/archive?case=25-3890&hearingDate=2026-10-28
Official case-specific recording and argument-date metadata:https://oldrbx80f5.execute-api.us-west-2.amazonaws.com/prod/media/25-3890?hearingDate=2026-10-28
Pre-argument case background and challenged dismissal — court calendar synopsis, 25-3890:https://www.ca9.uscourts.gov/cases/calendar/calendar-week/?date=2026-10-28&loc=PAS
Court calendar data supplying the substantive synopsis:https://n76qzwo6zclpoahpmjr4buzwf40yjjly.lambda-url.us-west-2.on.aws/?date=2026-10-28&loc=PAS
Appeal and counsel appearances — public appellate docket:https://dockets.justia.com/docket/circuit-courts/ca9/25-3890
Federal Tort Claims Act jurisdiction — 28 U.S.C. § 1346(b):https://www.law.cornell.edu/uscode/text/28/1346
Misrepresentation exception — 28 U.S.C. § 2680(h):https://www.law.cornell.edu/uscode/text/28/2680
Negligent misinformation versus breach of a separate duty — Block v. Neal, 460 U.S. 289:https://supreme.justia.com/cases/federal/us/460/289/

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