Holding that sua sponte grant of summary judgment to certain non-moving defendants was allowable where plaintiffs had responded to summary judgment motions involving identical issues
Holding that where "it would not have been futile to replead dismissed claims but those claims are nevertheless omitted from an amended pleading, the right to challenge the basis for dismissal on appeal is waived"
Holding asserted negligence in failure to provide adequate lighting or warning in federally controlled parking lot not shielded by discretionary function exception
Holding that presentation of the claim to the appropriate federal agency and a final denial by that agency as a jurisdictional prerequisite to suit under the FTCA
Holding an FTCA action filed after the plaintiffs submitted an administrative claim, but before they received a final denial of the claim, was properly dismissed for lack of subject matter jurisdiction