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Berkovitz by Berkovitz v. U.S., 486 U.S. 531 (1988)

This a case about how and when you can sue the federal government under the FTCA. If your claim does not fit under the FTCA, then the only other remedy is usually a Bivens action. For more information, see: Suing the Government.

What is the procedural history?

What does FTCA stand for?

What happened to plaintiff?

What were the two claims against the government?

Why did congress pass the FTCA?

When can a plaintiff sue under the FTCA?

Which law is used to determine liability?

What is a discretionary function?

Why should they have immunity?

Why not have immunity for non-discretionary functions?

What was the plaintiff's claim in Varig Airlines?

What had the FFA failed to do?

Did the FAA look at any of the aircraft?

Why was this an allowable decision?

Does discretionary function immunity cover all regulatory actions?

What did the plaintiff's allege that the FDA did not do when it issued the manufacturer a license to make the vaccine?

Does the statute let the FDA determine what information it reviews before issuing a license?

How do you determine if an action is a discretionary function?

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