 | David A. Gettman, Dean Arneson - 2003 - 452 pages
...exempts from the FTCA any 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" [28 USC § 2680(a)]. The Supreme Court... | |
 | Sienho Yee - 2004 - 321 pages
...apply to — (a) Any 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. 28 USC § 2680 (1988). See supra note... | |
 | James Beck, Anthony Vale - 2004 - 982 pages
...held liable for: fa]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.3 The parameters of the discretionary... | |
 | Donald D. Barry, Howard R. Whitcomb - 2005 - 386 pages
...the act does not extend to claims "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." This exception has been called "the... | |
 | Kevin R. Sido - 2006 - 762 pages
...is not liable when the claim is 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."5 In determining whether this exception... | |
 | Dennis D. Riley, Bryan E. Brophy-Baermann - 2006 - 424 pages
...Claims Act is the one for "claims 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." Much of what government does is make... | |
 | Nicolai I. Lagoni - 2007 - 394 pages
...Ed. 2d 531(1988). "any 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."944 In Varig Airlines, the Supreme Court... | |
 | Dennis G. Fitzgerald - 2007 - 430 pages
...statute or regulation be valid, or 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.*6 At least one court has recognized that... | |
 | Philipp Wendel - 2007 - 300 pages
...immunity against "[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 [United States], whether or not the discretion involved be abused."44 The Supreme Court has adopted... | |
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... 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. 
