negligent in violation of [its duty of care] when personnel knew or reasonably should have known of potential problems between inmates.”); Jones v. United States, 2012 WL 3777076, at *6-7 (N.D.W. Va. 2012)). C. Warren’s argument, then, is that: Indeed, the widespread acknowledgment of the BOP’s broader duty of care is of a piece with a larger body of case law which makes it clear that, if the FTCA is to have any application at all, the discretionary function exception cannot swallow the rule. These cases make it clear that every dangerous decision made by federal actors that was not specifically forbidden by written regulation cannot be mechanically rubber-stamped a discretionary act. Motion the Amend Reply at 11 (citing Soldano v. United States, 453 F.3d 1140, 1150 (9th Cir. 2006)(<HOLDING>)). That is, even though there is no “specific
holding that district court did not abuse its discretion in refusing to permit a design defect products liability expert to submit an untimely addendum stating a new claim of failure to warn after defense expert refuted the basis of original design defect opinion holding that in the context of construction litigation regarding the alleged negligence of design professionals a tort action for negligent misrepresentation alleging damages based purely on economic loss is not available to a party in privity of contract with a design professional holding that where the defendants expert described the product design using superlatives namely the safest design you could possibly put on the machine the plaintiff should have been permitted to impeach the expert by inquiring why the safest design possible was modified following the plaintiffs accident holding with respect to class iii device not subject to pma process that negligent marketing and inadequate warning claims were preempted but defective design claim was not preempted because no fda design requirement existed holding that the national park services general discretion to design a road did not allow it to disregard basic scientific safety specifications by failing to set a speed limit consistent with its design choices