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S.D. New York· 5/28/1997

Moreno v. United States

Citations

  • 965 F. Supp. 521
  • 1997 U.S. Dist. LEXIS 7462
  • 1997 WL 283386

How courts have described this case

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

  • finding contractor not Government agent where contractor “assumed full responsibility for ensuring that the Building was in compliance with applicable state and federal regulations.”
  • denying the plaintiffs discovery request because, inter alia, the plaintiff failed to allege that the Government designed or constructed the defective condition, and no evidence on the record supported such an assertion
  • imposing strict liability on the Government would amount to “disregarding the central inquiry mandated by the FTCA: whether any Government employee is guilty of a negligent act or omission” (cleaned up)
  • “Because the FTCA creates a waiver of sovereign immunity, it is strictly construed and all ambiguities are resolved in favor of the United States.”
  • “[I]t is well established that the United States’ decision to contract with independent companies to ensure maintenance of premises is a discretionary function, insulated from liability.” (citation omitted)

Source: CourtListener parenthetical corpus (CC0).

Judges: Kram

Read full opinion on CourtListener

Cited by

11 cases in this archive cite this case.

Cites

13 cases in this archive are cited by this case.

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