Frank Tippett and Judy Rand v. United States of America and Robert Lowe, Dba Best Adventures

How courts have described this case

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

• holding that a failure to warn or otherwise abate the dangers associated with a charging moose is grounded in policy
• holding that to resolve discretionary-function issue, court “was required to convert the government’s 12(b)(1) motion into a Rule 12(b)(6) motion or a Rule 56 motion for summary judgment”
• affirming dismissal of negligence claim under the FTCA as barred by the discretionary function exception
• noting requirement that district court convert 12(b)(1) motion into 12(b)(6) motion and, on appeal, treating motion as one under Rule 56 because matters outside the pleadings were considered

Source: CourtListener parenthetical corpus (CC0).