What is the test for waiver of sovereign immunity under section 2680(h) of the Federal Trade Commission Act?
MultiRegion, United States of America
The following excerpt is from Snyder & Assocs. Acquisitions LLC v. United States, 859 F.3d 1152 (9th Cir. 2017):
because they are premised on misrepresentations by the government. Section 2680(h) establishes an exception to the waiver of sovereign immunity for claims that "aris[e] out of ... misrepresentation." This exception includes misrepresentations made willfully and misrepresentations made negligently. See United States v. Neustadt , 366 U.S. 696, 702, 81 S.Ct. 1294, 6 L.Ed.2d 614 (1961).
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