Octavio Jimenez-Nieves v. United States of America

How courts have described this case

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

• finding that the misrepresentation exception did not apply where the misrepresentation was not made to plaintiff and plaintiff did not rely upon it himself
• holding negligence claim not barred by misrepresentation exception because reliance not present
• discussing “operational” statements by the Government where the element of reliance is necessarily lacking
• noting, for example, that “inducing a person to eat chocolates that are poisoned is considered a ‘battery’ ” and that “restraining a person by falsely claiming legal authority to arrest him is considered ‘false imprisonment,’ ” neither of which would be barred by the exception
• the FTCA “explicitly exempts ‘libel’ and ‘slander’—what amounts to ‘defamation’—from the claims to which the United States grants consent to be sued” (citation omitted)
• “Federal courts will not undertake plenary review of the 7 merits of an arbitration award.”

Source: CourtListener parenthetical corpus (CC0).