No. 21-590

A. Michael Davallou v. United States

Lower Court: First Circuit
Docketed: 2021-10-22
Status: Denied
Type: Paid
Response Waived
Tags: administrative-law discretionary-function-exception failure-to-warn federal-tort-claims-act government-liability hazard-disclosure negligence policy-decision specific-known-immediate-hazard warning-duty
Key Terms:
JusticiabilityDoctri
Latest Conference: 2021-12-10
Question Presented (AI Summary)

Whether the Government's failure to warn of a specific, known, immediate hazard is not the kind of broader social, economic, or political policy decision that the discretionary function exception of the Federal Tort Claims Act is intended to protect

Question Presented (OCR Extract)

QUESTION PRESENTED Whether the Government’s failure to warn of a specific, known, immediate hazard, for which the acting agency is responsible, is not the kind of broader social, economic, or political policy decision that the discretionary function exception of the Federal Tort Claims Act, 28 U.S.C. §§1346, 2680(a), is intended to protect, consistent with holdings of the Ninth Circuit; or, as held by the First Circuit, the failure to warn of a specific, known, immediate hazard is susceptible to policy analysis and shielded by the discretionary function exception, unless such conduct amounts to a complete rejection of safety considerations involving extreme circumstances. i

Docket Entries

2021-12-13
Petition DENIED.
2021-11-23
DISTRIBUTED for Conference of 12/10/2021.
2021-11-19
Waiver of right of respondent United States to respond filed.
2021-10-20
Petition for a writ of certiorari filed. (Response due November 22, 2021)

Attorneys

A. Michael Davallou
Scott E. CharnasCharnas Law Firm, P.C., Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent