Plaintiff swine breeding company was scheduled to export hundreds of pigs to China, but the Chinese buyer refused when the pigs were tested positive for disease. The company sued the National Veterinary Services Laboratories, which tested the pigs, under the Federal Tort Claims Act.
The court found that it lacked subject matter jurisdiction, because the testing fell under the discretionary action exemption under the FTCA. Because NVSL's actions were discretionary, the U.S. government did not waive its sovereign immunity.
Curious if the plaintiff had any cause of action against the Chinese party that it did not bring because of the inconvenience of suing against a Chinese party.