No. 21-311

Carrie S. Willis, Individually and as Trustee of the Trust of James C. and Norma D. Willis v. United States

Lower Court: Eighth Circuit
Docketed: 2021-08-31
Status: Denied
Type: Paid
Experienced Counsel
Tags: discretionary-function-exception federal-tort-claims-act government-agent government-liability mandatory-duty sovereign-immunity state-law-tort-claims tort-claims
Latest Conference: 2021-12-03
Question Presented (from Petition)

1. Whether the discretionary-function exception shields the Government from suit whenever a government agent fails to fulfill a mandatory duty that applies only in certain circumstances, on the theory that the agent must have determined those circumstances did not exist.

2. Whether the discretionary-function exception shields a government agent's undisputed failure to exercise discretion.

Question Presented (AI Summary)

Whether the discretionary function exception shields the Government from suit whenever a government agent fails to fulfill a mandatory duty that applies only in certain circumstances, on the theory that the agent must have determined those circumstances did not exist

Docket Entries

2021-12-06
Petition DENIED.
2021-11-16
DISTRIBUTED for Conference of 12/3/2021.
2021-11-15
Reply of petitioner Carrie S. Willis, Individually and as Trustee of the Trust of James C. and Norma D. Willis filed. (Distributed)
2021-11-01
Brief of respondent United States in opposition filed.
2021-09-16
Motion to extend the time to file a response is granted and the time is extended to and including November 1, 2021.
2021-09-15
Motion to extend the time to file a response from September 30, 2021 to November 1, 2021, submitted to The Clerk.
2021-08-27
Petition for a writ of certiorari filed. (Response due September 30, 2021)

Attorneys

Carrie S. Willis, individually and as trustee of the Trust of James C. and Norma D. Willis
Kendall Kelly Alexis TurnerO'Melveny & Myers LLP, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent