94 Cited authorities

  1. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 236,388 times   38 Legal Analyses
    Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"
  2. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 216,459 times   40 Legal Analyses
    Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"
  3. Matsushita Elec. Indus. Co. v. Zenith Radio

    475 U.S. 574 (1986)   Cited 113,199 times   38 Legal Analyses
    Holding that, on summary judgment, antitrust plaintiffs "must show that the inference of conspiracy is reasonable in light of the competing inferences of independent action or collusive action that could not have harmed" them
  4. United States v. Gaubert

    499 U.S. 315 (1991)   Cited 2,382 times   1 Legal Analyses
    Holding that the discretionary function exception only protects actions “grounded in the policy of the regulatory regime”
  5. Berkovitz v. United States

    486 U.S. 531 (1988)   Cited 2,038 times   1 Legal Analyses
    Holding that there is no choice to be protected by the discretionary function exception when a "federal statute, regulation, or policy specifically prescribes a course of action for an employee to follow"
  6. United States v. Varig Airlines

    467 U.S. 797 (1984)   Cited 1,554 times   1 Legal Analyses
    Holding that the FAA's alleged negligence in failing to check certain specific items in the course of certificating a specific aircraft as part of a spot-check program involved “calculated risks” but fell “squarely within the discretionary function exception”
  7. Hughes v. Pair

    46 Cal.4th 1035 (Cal. 2009)   Cited 958 times   4 Legal Analyses
    Holding that discomfort, worry, anxiety, upset stomach, concern, and agitation did not establish severe emotional distress
  8. Dalehite v. United States

    346 U.S. 15 (1953)   Cited 1,514 times
    Holding that where discretionary function exception of § 2680 applied, district court lacked subject matter jurisdiction over cause of action
  9. Rowland v. Christian

    69 Cal.2d 108 (Cal. 1968)   Cited 1,249 times   20 Legal Analyses
    Holding that Section 1714 superceded prior common-law negligence rules
  10. Rayonier, Inc., v. United States

    352 U.S. 315 (1957)   Cited 422 times
    Holding that government potentially liable for Forest Service's negligent fire-fighting
  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 328,985 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
  12. Rule 702 - Testimony by Expert Witnesses

    Fed. R. Evid. 702   Cited 26,699 times   256 Legal Analyses
    Adopting the Daubert standard
  13. Section 1346 - United States as defendant

    28 U.S.C. § 1346   Cited 24,056 times   23 Legal Analyses
    Determining liability to the claimant "in accordance with the law of the place where the act or omission occurred"
  14. Rule 403 - Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons

    Fed. R. Evid. 403   Cited 22,545 times   81 Legal Analyses
    Adopting a similar standard, but requiring the probative value to be "substantially outweighed" by these risks
  15. Rule 801 - Definitions That Apply to This Article; Exclusions from Hearsay

    Fed. R. Evid. 801   Cited 19,118 times   75 Legal Analyses
    Holding that such a statement must merely be made by the party and offered against that party
  16. Rule 401 - Test for Relevant Evidence

    Fed. R. Evid. 401   Cited 13,416 times   34 Legal Analyses
    Providing that evidence is relevant if " it has any tendency to make a fact more or less probable than it would be without the evidence; and (b) the fact is of consequence in determining the action"
  17. Section 2671 - Definitions

    28 U.S.C. § 2671   Cited 9,375 times   6 Legal Analyses
    Defining "[e]mployee of the government" for purposes of the FTCA as "officers or employees of any federal agency "
  18. Section 2680 - Exceptions

    28 U.S.C. § 2680   Cited 7,686 times   12 Legal Analyses
    Concluding that claims for injurious falsehoods, disparagement of property, slander of goods, or trade libel are claims arising out of libel or slander under the FTCA
  19. Section 2675 - Disposition by federal agency as prerequisite; evidence

    28 U.S.C. § 2675   Cited 7,085 times   1 Legal Analyses
    Setting forth FTCA's administrative exhaustion requirement
  20. Section 2679 - Exclusiveness of remedy

    28 U.S.C. § 2679   Cited 5,337 times   5 Legal Analyses
    Granting tort immunity to federal agency employees
  21. Section 212.1 - Definitions

    36 C.F.R. § 212.1   Cited 30 times
    Defining a trail as a "route 50 inches or less in width or a route over 50 inches wide that is identified and managed as a trail."
  22. Section 200.4 - Administrative issuances

    36 C.F.R. § 200.4   Cited 13 times

    (a) The regulations of the Secretary of Agriculture governing the protection and administration of National Forest System lands and other programs of the Forest Service are set forth in Chapter 2 of Title 36 of the Code of Federal Regulations. (b) Administrative policy, procedure, and guidance to Forest Service employees for the conduct of Forest Service activities are issued as directives, or through correspondence, by the office of the Chief of the Forest Service and by the field officers listed

  23. Section 200.2 - Field organization

    36 C.F.R. § 200.2   Cited 8 times

    The field organization of the Forest Service consists of regions, stations, and areas as described below: (a)Regions of the National Forest System. For the purpose of managing the lands administered by the Forest Service, the United States is divided into nine geographic regions of the National Forest System. Each region has a headquarters office and is supervised by a Regional Forester who is responsible to the Chief for the activities assigned to that region. Within each region are located national

  24. Section 660.103 - Definitions

    23 C.F.R. § 660.103   Cited 1 times

    In addition to the definitions in 23 U.S.C. 101(a) , the following apply to this subpart: Cooperator means a non-Federal public authority which has jurisdiction and maintenance responsibility for a FH. Forest highway means a forest road under the jurisdiction of, and maintained by, a public authority and open to public travel. Forest road means a road wholly or partly within, or adjacent to, and serving the NFS and which is necessary for the protection, administration, and utilization of the NFS