{"product_id":"federal-tort-claims-act-volume-1-by-landmark-publications","title":"Federal Tort Claims Act: Volume 1 by LandMark Publications","description":"\u003cp\u003eTHIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that analyze and discuss provisions of the Federal Tort Claims Act. Volume 1 of the casebook covers the District of Columbia Circuit and the First through the Fifth Circuit Court of Appeals. * * * \"Absent an unequivocally expressed statutory waiver, the United States ... [is] immune from suit based on the principle of sovereign immunity.\" County of Suffolk v. Sebelius, 605 F.3d 135, 140 (2d Cir. 2010) (internal quotation marks omitted). The FTCA provides for a limited waiver of sovereign immunity for \"injury or loss of property ... caused by the negligent or wrongful act or omission\" p.130 of a federal government employee \"acting within the scope of his office or employment.\" 28 U.S.C. § 1346(b)(1). But the FTCA is limited by a number of exceptions, including the so-called \"discretionary function exception,\" which bars \"[a]ny claim ... based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a federal agency or an employee of the Government, whether or not the discretion involved be abused.\" 28 U.S.C. § 2680(a). Thus, for acts that fall under the discretionary function exception, the United States has not waived its sovereign immunity, and federal courts lack subject matter jurisdiction over claims premised on those acts. See Fazi v. United States, 935 F.2d 535, 537 (2d Cir. 1991). The Supreme Court has developed a two-part framework, known as the \"Berkovitz\/Gaubert\" test, for determining whether the discretionary function exception applies to a given claim. Read more\u003c\/p\u003e","brand":"Independently published","offers":[{"title":"Default Title","offer_id":48132894752953,"sku":"8870411033","price":122.99,"currency_code":"USD","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0793\/7871\/0713\/files\/9798870411033-right-three-quarter.jpg?v=1784960180","url":"https:\/\/www.bestbuybook.com\/products\/federal-tort-claims-act-volume-1-by-landmark-publications","provider":"BestBuyBook","version":"1.0","type":"link"}