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A. Michael Davallou v. United States

Paid petition · United States Court of Appeals for the First Circuit, No. 20-1523 · judgment May 25, 2021


Certiorari denied · December 13, 2021
Pre-decision estimate: 3% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Whether the Government’s failure to warn of a specific, known, immediate hazard, for which the acting agency is responsible, is not the kind of broader social, economic, or political policy decision that the discretionary function exception of the Federal Tort Claims Act, 28 U.S.C. §§1346, 2680(a), is intended to protect, consistent with holdings of the Ninth Circuit; or, as held by the First Circuit, the failure to warn of a specific, known, immediate hazard is susceptible to policy analysis and shielded by the discretionary function exception, unless such conduct amounts to a complete rejection of safety considerations involving extreme circumstances.

Counsel of record

For petitioner
Scott E. Charnas
Charnas Law Firm, P.C.

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Dec 13 2021
    Petition DENIED.
  2. Nov 23 2021
    DISTRIBUTED for Conference of 12/10/2021.
  3. Nov 19 2021
    Waiver of right of respondent United States to respond filed.
  4. Oct 20 2021
    Petition for a writ of certiorari filed. (Response due November 22, 2021)