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Showing posts with label discretionary function. Show all posts
Showing posts with label discretionary function. Show all posts
Thursday, April 17, 2025

Tree falling on house invites court to parse 'discretion' in ruling city vulnerable to tort liability

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Google Gemini CC0 A straightforward case in the Massachusetts Appeals Court last week helps to clarify the meaning and purpose of discretion...
Saturday, February 1, 2025

Suits over DCA disaster will struggle to overcome discretionary function exception to sovereign immunity

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View on my approach to DCA on a 2020 Southwest flight. RJ Peltz-Steele CC BY-NC-SA 4.0 Media coverage of the air disaster at Reagan Washingt...
Friday, July 22, 2022

Court denies police immunity under state tort claims act in death of intoxicated man in protective custody

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Michael Coghlan CC BY-SA 2.0 via Wikimedia Commons In a lawsuit over the death of an intoxicated man in police protective custody, the defe...
Saturday, March 9, 2019

Advocates in SCOTUS case on tort and sovereign immunity stick to their guns, frustrate Court's search for middle ground

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For the Federalist Society SCOTUScast podcast series, I recorded a commentary on the U.S. Supreme Court oral argument in Thacker v. Tenness...
Friday, January 18, 2019

SCOTUS ponders governmental immunity in boating accident suit against TVA

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The Federalist Society produced a beautifully illustrated video , as part the SCOTUSbrief series , to accompany the January 14 oral argu...