Glasgow, Inc. v. Federal Highway Administration

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).