Burr v. N.D. State Board of Dental Examiners
Citations
- 2021 ND 31
Syllabus
The test we apply when determining governmental liability and discretionary acts distinguishes between immune discretionary acts and non-immune ministerial acts. In examining the nature of the challenged conduct, the first inquiry a court must consider is whether the action is a matter of choice for the acting employee. Even if 'the challenged conduct involves an element of judgment or choice, the second inquiry a court must consider is whether that judgment or choice is of the kind that the discretionary function exception was designed to shield.
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- employing similar reasoning to identify the “pri- mary thrust” of the suit
- “[T]here is much to commend the Vodenichar emphasis on the ‘real target’ of the litigation and Watson’s description of the controversy’s ‘primary thrust.’ ”
- removal under the Class Action Fairness Act by a “primary defendant” may be accomplished by an otherwise unnamed, intervening defendant claiming that it is a primary 6 / 21 target of the case
Source: CourtListener parenthetical corpus (CC0).
Judges: Tufte, Jerod E.
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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