Cruz Esquivel v. United States
| Docket Number | 20-35868 |
| Decision Date | 17 December 2021 |
The Ninth Circuit affirmed the district court's dismissal based on lack of subject matter jurisdiction of a Federal Tort Claims Act (FTCA) case brought by landowners, seeking damages when their property was intentionally burned by a Type 2 Incident Management Team, convened by the U.S. Forest Service, during a controlled burnout performed as part of the fire suppression effort to combat the 2015 North Star Fire in Washington
The panel concluded that the government has met its burden of...
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34 cases
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United Aeronautical Corp. v. U.S. Air Force
...Aero's action. A private party may sue the United States only if the United States has waived sovereign immunity. Esquivel v. United States, 21 F.4th 565, 572 (9th Cir. 2021). If the United States has not waived sovereign immunity, then the court where the suit is filed must dismiss the cas......
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Abbey v. United States
...that the "alleged misrepresentations in this case are by no means 'collateral to the gravamen' of the SAC." See Esquivel v. United States, 21 F.4th 565, 578 (9th Cir. 2021). Rather, the court stressed, "[m]isrepresentation is at the heart of all of the claims in the The district court rejec......
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Byler v. Woods
... ... AARON WOODS, USCG, CGIS Agent; et al., Defendants. No. 3:22-cv-00208-RRB United States District Court, D. Alaska August 4, 2023 ... ... ORDER ... jurisdictional.”) ... [ 64 ] Esquivel v. United States , ... 21 F.4th 565, 577 (9th Cir. 2021) (quoting Kim v. United ... ...
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Evans v. United States
...Manual expressly invites employees to exercise discretion while implementing the agency's policy objective. See Esquivel v. United States , 21 F.4th 565, 574 (9th Cir. 2021) (agreeing with the Government's assertion that "numerous provisions of the FSM ... exude discretion by the Forest Ser......
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1 firm's commentaries
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This Week At The Ninth: The FTCA's Discretionary Function Exception
...upon the exercise or performance or the failure to exercise or perform a discretionary function or duty." Esquivel v. United States, 21 F.4th 565, 572-73 (9th Cir. 2021). To determine whether the discretionary function exception applies, courts ask (1) whether "the challenged actions involv......
1 books & journal articles
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(Overview).
...obtained under the district court's judgement. Wildfire Management & Federal Tort Claims Act (FTCA) 1. Esquivel v. United States, 21 F.4th 565 (9th Cir. Alfredo Esquivel and Donald Willard (Appellants) appealed the United States District Court for the Eastern District of Washington's di......