Alves v. United States  ·  2022-02-22  ·  D. Idaho  ·  pin 623 F.3d at 855

“after [the court] determine[s] as a matter of federal law that the discretionary function exception does not apply . . . [the court] then evaluate[s] whether the government can be held liable under the laws of the state where the act or omission took place”

United States v. Kernen Constr.  ·  2018-10-16  ·  E.D. California  ·  pin 623 F.3d at 855

"It is only after we determine as a matter of federal law that the discretionary function exception does not apply that we then evaluate whether the government can be held liable under the laws of the state where the act or omission took place."