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Aviation Law Monitor

Discretionary Function Exception to the Federal Tort Claims Act

By Mike Danko

If the United States Government is responsible for an accident, it can be sued just like any other wrongdoer under the Federal Tort Claims Act.  But there’s an important exception — the federal government cannot be sued for bad decisions that the government left to the federal employee’s best judgment.  The “Discretionary Function Exception” is perhaps the most important limitation on a victim’s right to sue the government when it causes injury or death.  And the exception is complicated. Claire Choo helps unravel it.

 

Tort Claims Act  

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Citation

Mike Danko, Discretionary Function Exception to the Federal Tort Claims Act, Aviation Law Monitor (June 26, 2017) [The Library at LexBlog, LEX-WK-064P6ESY, lexpid.org/064P6ESY]

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