Legal Opinion
Estate of Denny Bernaldes v. United States of America 3 Unnamed Inspectors of the Mine Safety and Health Administration
Court of Appeals for the Fourth Circuit
Decided February 28, 1996No. 95-1905PublishedCited by 16 opinions
1Opinion of the Court
Affirmed by published PER CURIAM opinion.
OPINION
2Per curiam
The Estate of Denny Bemaldes, a kiln burner operator who died in a fall at the mine where he worked, brings this wrongful death action against the United States pursuant to the Federal Tort Claims Act. The Estate asserts that certain Mine Safety and Health Administration (MSHA) inspectors negligently failed to discover safety violations in the mine. The district court dismissed the action for lack of subject matter jurisdiction, reasoning that the inspectors’ compliance determinations involved the exercise of discretion in carrying out policy…
3Cases cited3 opinions
- United States v. GaubertSupreme Court of the United States · 1991
- Myers v. United StatesCourt of Appeals for the Sixth Circuit · 1994
- Estate of Bernaldes v. United StatesDistrict Court, W.D. Virginia · 1995
4Cited by16 opinions
- Rafael Medina v. United States of America, No. 00-2156Court of Appeals for the Fourth Circuit · 2001
- Ronald Buckler v. United StatesCourt of Appeals for the Eighth Circuit · 2019
- Jackson v. United StatesDistrict Court, D. Maryland · 1999
- Ayala v. United StatesDistrict Court, E.D. Virginia · 2019
- Fleming v. United StatesDistrict Court, W.D. Virginia · 1999
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