Judge Stephanos Bibas of the U.S. Court of Appeals for the Third Circuit. Photo: Diego M. Radzinschi/ALM 'Significant Confusion': Judge Urges High Court to Revisit FTCA Immunity Test
Stephanos Bibas, of the U.S. Court of Appeals for the Third Circuit, said judges are struggling to apply the test for the "discretionary function exception."
May 30, 2023 at 06:19 PM
7 minute read
An appellate judge has called for the U.S. Supreme Court to revisit its test for when the government is shielded from Federal Tort Claims Act claims, though legal experts have different predictions on how that would play out if the justices were to do so.
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