Federal Court rejects broad "derivative discretionary-function immunity" for government contractors

Adkisson v. Jacobs Eng'g Group, Inc. involved a claim that private entities contracting with the government negligently exposed workers to negative health impact during coal-ash clean up and remediation. The trial judge assumed that the contractors were entitled to the same immunity as the government would enjoy and summarily dismissed the workers' claims.  The Sixth Circuit reversed and sent the case back to the lower court for further clarification.