Federal Case

How courts have described this case

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

• concluding that injuries alleged by Chilean fruit-growers were caused by the FDA commissioner’s decision to bar Chilean fruit and not by negligent FDA laboratory procedures, as the growers alleged
• rejecting an allegation that FDA staff negligently tested imported fruit for the presence of cyanide because such a claim would require an inquiry into the resulting immunized decision to ban the tainted fruit
• we ask only if the nature of the action taken, or not taken, is susceptible to policy analysis
• administrative decision based on allegedly negligent laboratory reports within the discretionary function exception to the Federal Tort Claims Act
• we ask only if the nature of the action taken, or not taken, is susceptible to policy analysis
• “For the purpose of our [discretionary function] analysis, we have assumed the facts alleged by the plaintiffs to be true.”

Source: CourtListener parenthetical corpus (CC0).