Compart’s Boar Store, Inc. v. United States

Compart, a producer of breeding swine, filed a negligence suit against the United States under the Federal Tort Claims Act (FTCA), 28 U.S.C. 2671 et seq. Compart intended to export over three hundred pigs to China but China suspended all imports from Compart after it was notified by the United States government that the test results from a small set of the blood samples were "inconclusive" for Porcine Reproductive and Respiratory Syndrome virus (PRRSv). The district court dismissed the suit for lack of jurisdiction. The court affirmed, concluding that the discretionary function exemption precludes jurisdiction over Compart's negligence claims because the testing and reporting of Compart's swine was governed by discretionary governmental procedures and susceptible to policy analysis. View "Compart's Boar Store, Inc. v. United States" on Justia Law