First Circuit· 3/27/1989

Dube v. Pittsburgh Corning

Citations

870 F.2d 790

How courts have described this case

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

holding that \susceptible to discretion\ approach, which insulates discretionary decisions even where decisionmaker failed to decide, applies only where challenged activity is a traditional governmental function
holding that the dis- cretionary function exception does not apply when the government fails to make an actual policy judgment
holding that “susceptible to discretion” approach, which insulates discretionary decisions even where decisionmaker failed to decide, applies only where challenged activity is a traditional governmental function
before failure to warn can constitute discretionary function, government must make affirmative decision, based on policy concerns

Source: CourtListener parenthetical corpus (CC0).

Judges: Campbell, Coffin, Torruella

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Cited by

32 cases in this archive cite this case; the 20 most cited are listed.

Cites

34 cases in this archive are cited by this case; the 20 most cited are listed.

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