Legal Opinion
Miller v. United States
Utah Supreme Court
Decided November 19, 2004No. 20030054PublishedCited by 8 opinions
1Opinion of the Court
NEHRLING, Justice:
T1 This case comes to us from United States District Court. We are asked to de*1203termine: "Whether a federal government employee, who ordinarily would be immune from suit in cases of strict liability, may be liable under Utah's Dramshop Act if the Plaintiffs establish negligence."
12 We first comment on the seope of the question certified to us. As framed, the question invites us to stray beyond the seope of our authority. A federal government employee acquires immunity from suit through the operation of the Federal Tort Claims Act (FTCA) and the cases interpreting its…
2Cases cited11 opinions
- Dalehite v. United StatesSupreme Court of the United States · 1953
- Laird v. NelmsSupreme Court of the United States · 1972
- Berry by and Through Berry v. Beech AircraftUtah Supreme Court · 1985
- Reeves v. GentileUtah Supreme Court · 1991
- Rees v. Albertson's, Inc.Utah Supreme Court · 1978
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Fundamentalist Church of Jesus Christ of Latter-Day Saints v. HorneUtah Supreme Court · 2012
- Jedrziewski v. SmithUtah Supreme Court · 2005
- Miller v. United StatesCourt of Appeals for the Tenth Circuit · 2006
- Robert J. DeBry & Associates, P.C. v. Qwest Dex, Inc.Utah Supreme Court · 2006
- Miller v. Gastronomy, Inc.Court of Appeals of Utah · 2005
3 more not listed; retrieve them via the Exa API.