What is the test for a motion to dismiss under the discretionary function exception?
MultiRegion, United States of America
The following excerpt is from Bailey v. USA, 623 F.3d 855 (9th Cir. 2010):
We review de novo the district court's decision to grant a motion to dismiss for lack of subject matter jurisdiction under the discretionary function exception. Terbush v. United States, 516 F.3d 1125, 1128 (9th Cir.2008). The United States bears the burden of proving the applicability of the discretionary function exception. Id.
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