No. 23-196

Jade Mound, et al. v. United States

Lower Court: Eighth Circuit
Docketed: 2023-09-01
Status: Denied
Type: Paid
Tags: budgetary-considerations circuit-court-conflict circuit-split discretionary-function-exception failure-to-warn federal-tort-claims-act government-liability latent-danger public-safety warning-duty
Latest Conference: 2024-01-05
Question Presented (from Petition)

When the government is alleged to have tortiously neglected to warn the public of a known, latent danger, whether the de minimis cost of posting such a warning is sufficient to render that omission an exercise of political, social, economic judgment exempt from suit under the Federal Tort Claims Act.

Question Presented (AI Summary)

Whether the discretionary function exception to the Federal Tort Claims Act shields the federal government from liability when it fails to warn the public of a known, latent danger due to mere budgetary considerations

Docket Entries

2024-01-08
Petition DENIED.
2023-11-29
DISTRIBUTED for Conference of 1/5/2024.
2023-11-15
Brief of respondent United States in opposition filed.
2023-10-24
Motion to extend the time to file a response is granted and the time is further extended to and including November 15, 2023.
2023-10-20
Motion to extend the time to file a response from November 1, 2023 to November 15, 2023, submitted to The Clerk.
2023-09-19
Motion to extend the time to file a response is granted and the time is extended to and including November 1, 2023.
2023-09-18
Motion to extend the time to file a response from October 2, 2023 to November 1, 2023, submitted to The Clerk.
2023-08-30

Attorneys

Jade Mound, et al.
Timothy Q. PurdonRobins Kaplan LLP, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent