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Supreme Court· 6/13/1988

Berkovitz v. United States

Citations

  • 486 U.S. 531
  • 108 S. Ct. 1954
  • 100 L. Ed. 2d 531
  • 1988 U.S. LEXIS 2584
  • 56 U.S.L.W. 4549

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that “the discretionary function exception will not apply when a federal statute, regulation, or policy specifically prescribes a course of action for an employee to follow.”
  • holding that discretionary function exception to the Federal Tort Claims Act did not bar claim that government agencies permitted licensing and distribution of unsafe polio vaccine
  • holding that the discretionary function exception did not apply where the complaint alleged that the FDA failed to follow a prescribed course of conduct when approving a polio vaccine
  • holding that the discretionary function exception did not apply where the complaint alleged that the FDA failed to follow a prescribed course of conduct when approving a polio vaccine
  • holding that “judgment or choice” is the first of two requirements for the exception to apply
  • holding that the government may be liable when regulations set forth a course of conduct that it fails to follow

Source: CourtListener parenthetical corpus (CC0).

Judges: Marshall

Read full opinion on CourtListener

Cited by

1,131 cases in this archive cite this case; the 20 most cited are listed.

Cites

7 cases in this archive are cited by this case.

Other cases named Berkovitz v. United States

7 other CourtListener records share this case name.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.