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· 11/30/1995

Federal Case

Citations

  • 71 F.3d 1447
  • 95 Daily Journal DAR 15743
  • 95 Cal. Daily Op. Serv. 8999
  • 1996 A.M.C. 379
  • 1995 U.S. App. LEXIS 33288

How courts have described this case

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

  • holding that discretionary act prong is not satisfied when mandatory provisions of Department of Commerce's Hydrographic Manual and Cook Inlet Survey Project Instructions at issue
  • holding that “scientific hydro-graphic judgment” and “purely scientific considerations” do not involve policy considerations and are not protected by the discretionary function exception
  • holding that the “general grant of discretion was superseded by mandatory requirements” and thus “the discretionary exception function [sic] does not apply”
  • holding that discretionary act prong is not satisfied when mandatory provisions of Department of Com merce’s Hydrographic Manual and Cook Inlet Survey Project Instructions at issue
  • holding that “scientific hydrographic judgment” and “purely scientific considerations” do not involve policy considerations and are not protected by the discretionary function exception
  • holding that issues of proximate cause went to negligence and were therefore irrelevant to the discretionary function exception

Source: CourtListener parenthetical corpus (CC0).

Read full opinion on CourtListener

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.