 | Sienho Yee - 2004 - 308 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 - 1712 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 - 352 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... | |
 | Daniel A. Farber, Jim Chen - 2006 - 348 pages
...installations and other federal properties. 4. The Stafford Act immunizes the federal government against "any claim based upon the exercise or performance...federal government in carrying out the provisions of this chapter." 42 USC § 5148. This language is almost identical to the Federal Tort Claims Act's exception... | |
 | Kevin R. Sido - 2006 - 734 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 - 399 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 - 380 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 - 428 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 - 286 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. 
