Download or read book The Discretionary Function Exception written by Kenneth B. Newman and published by . This book was released on 1964* with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Harvard Law School Third Year Paper written by David Keller and published by . This book was released on 1954 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Extent to which Sovereign Immunity for Torts is Waived by the Federal Tort Claims Act written by William I. Chertok and published by . This book was released on 1963 with total page 42 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Discretionary Function written by Jeffrey Axelrad and published by . This book was released on 1989 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book LEGISLATION TO AMEND THE FEDERAL TORT CLAIMS ACT written by and published by . This book was released on 1988 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Exception for Misrepresentation and the Exception for Interference with Contract Rights Under the Federal Tort Claims Act written by Jo Brooks Fox and published by . This book was released on 1985 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The King s Wrongs and the Federal District Courts written by Stephen Lowe Nelson and published by . This book was released on 2010 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Federal Torts Reform Claims and Liability written by Ben V. Colligan and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Federal Tort Claims Act is the statute by which the United States authorises tort suits to be brought against itself. With exceptions, it makes the United States liable for injuries caused by the negligent or wrongful act or omission of any federal employee acting within the scope of his employment, in accordance with the law of the state where the act or omission occurred. Three major exceptions, under which the United States may not be held liable, even in circumstances where a private person could be held liable under state law, are the Feres doctrine, which prohibits suits by military personnel for injuries sustained incident to service; the discretionary function exception, which immunises the United States for acts or omissions of its employees that involve policy decisions; and the intentional tort exception, which precludes suits against the United States for assault and battery, among some other intentional torts, unless they are committed by federal law enforcement or investigative officials. This book discusses, among other things, the application of the Feres doctrine to suits for injuries caused by medical malpractice in the military, the prohibition of suits by victims of atomic testing, Supreme Court cases interpreting the discretionary function exception, the extent to which federal employees may be held liable for torts they commit in the scope of their employment, and the government contractor defence to products liability design defect suits.
Download or read book Legislation to Amend the Federal Tort Claims Act written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Administrative Law and Governmental Relations and published by . This book was released on 1988 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Federal Tort Claims Act written by Landmark Publications and published by . This book was released on 2020-07-09 with total page 546 pages. Available in PDF, EPUB and Kindle. Book excerpt: THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that analyze, interpret and apply provisions of the Federal Tort Claims Act. Volume 1 covers the District of Columbia Circuit and the First through the Fifth Circuit Court of Appeals. * * * Under the FTCA, Congress "waived the sovereign immunity of the United States for certain torts committed by federal employees." F.D.I.C. v. Meyer, 510 U.S. 471, 475, 114 S.Ct. 996, 127 L.Ed.2d 308 (1994); see 28 U.S.C. § 1346(b). "[T]o be actionable under [the FTCA], a claim must allege, inter alia, that the United States 'would be liable to the claimant' as 'a private person' 'in accordance with the law of the place where the act or omission occurred.'" Id. at 477, 114 S.Ct. 996 (quoting § 1346(b)). "[T]he source of substantive liability under the FTCA" is the "law of the State." Id. at 478, 114 S.Ct. 996. Hernandez v. US, 939 F. 3d 191 (2nd Cir. 2019) * * * [There] is an exception to this provision, removing from the district courts' jurisdiction "[a]ny claim ... based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a federal agency or an employee of the Government, whether or not the discretion involved be abused." Id. § 2680(a). In evaluating a claim under the FTCA, a court must therefore determine whether the claim is based on a discretionary function as contemplated by section 2680; if so, the case must be dismissed for want of jurisdiction.In conducting the discretionary function inquiry, we use a "familiar analytic framework." Shansky v. United States, 164 F.3d 688, 690 (1st Cir. 1999). First, we "must identify the conduct that allegedly caused the harm." Id. at 690-91. Second, we must ask "whether this conduct is of the nature and quality that Congress, in crafting the discretionary function exception, sought to shelter from tort liability." Id. at 691. The latter analysis "encompasses two questions: Is the conduct itself discretionary? If so, is the discretion susceptible to policy-related judgments?" Id. The word "susceptible" is critical here; we do not ask whether the alleged federal tortfeasor was in fact motivated by a policy concern, but only whether the decision in question was of the type that policy analysis could inform. See United States v. Gaubert, 499 U.S. 315, 325, 111 S.Ct. 1267, 113 L.Ed.2d 335 (1991) ("The focus of the inquiry is not on the agent's subjective intent in exercising the discretion conferred by statute or regulation, but on the nature of the actions taken and on whether they are susceptible to policy analysis."). In addition, the fact that a government official exercises discretion pursuant to regulatory authority creates a presumption that this discretion was susceptible to policy analysis and thus protected. Id. at 324, 111 S.Ct. 1267. Hajdusek v. US, 895 F. 3d 146 (1st Cir. 2018)
Download or read book Federal Tort Claims Act Litigation Seminar written by and published by . This book was released on 1990 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The American Law of Torts written by Stuart M. Speiser and published by . This book was released on 1988 with total page 1116 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Discretionary Function Exception in FTCA Litigation Alleging Medical Malpractice written by and published by . This book was released on 1993 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book United States Code Annotated written by United States and published by . This book was released on 2006 with total page 938 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Discretionary Function Exemption of the Federal Tort Claims Act and the Radiation Exposure Compensation Act written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Administrative Law and Governmental Relations and published by . This book was released on 1990 with total page 674 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Exception for Misrepresentation and the Exception for Interference with Contract Rights Under the Federal Tort Claims Act written by Jo Brooks and published by . This book was released on 1985 with total page 59 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Exception for Misrepresentation and the Exception for Interference with Contract Rights Under the Federal Tort Claims Act written by Thelma L. Quince and published by . This book was released on 1982 with total page 59 pages. Available in PDF, EPUB and Kindle. Book excerpt:
