Legal Opinion
Bram C. Coumou v. United States of America, and Lieutenant Jacoblowski Commander Mizell Lieutenant Kontratowicz
Court of Appeals for the Fifth Circuit
Decided May 21, 1997No. 95-30219, 95-30697PublishedCited by 16 opinions
1Opinion of the Court
POLITZ, Chief Judge:
In response to the government’s petition for rehearing, the final two paragraphs of the original opinion are withdrawn and are replaced by the following; otherwise the petition for rehearing is DENIED.
We are not persuaded that the discretionary-function exception necessarily defeats Coumou’s suit. We have noted that “[c]ourts have generally drawn a line between decisions at a planning level, or decisions that exercise policy judgment, and decisions at a[n] operational level, or decisions that are merely incident to carrying out a government policy.” 22 Even if the…
2Cases cited9 opinions
- United States v. GaubertSupreme Court of the United States · 1991
- United States v. S.A. Empresa De Viacao Aerea Rio GrandenseSupreme Court of the United States · 1984
- United States v. Geraldine Gavagan, as Administratrix of the Estate of John Gordon Gavagan, DeceasedCourt of Appeals for the Fifth Circuit · 1960
- Trevino v. General Dynamics Corp.Court of Appeals for the Fifth Circuit · 1989
- McNeily v. United StatesCourt of Appeals for the Fifth Circuit · 1993
4 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Thames Shipyard & Repair Co. v. United StatesCourt of Appeals for the First Circuit · 2003
- Theriot v. United StatesCourt of Appeals for the Fifth Circuit · 1998
- United States v. SuerteCourt of Appeals for the Fifth Circuit · 2002
- Tidewater Marine, Inc. v. Sanco International, Inc.District Court, E.D. Louisiana · 2000
- Reinier Fuentes v. Classica Cruise Operator Ltd, Inc.Court of Appeals for the Eleventh Circuit · 2022
11 more not listed; retrieve them via the Exa API.