This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.
In brief
Overview
Background and question before the Court
Oral argument was held on Wednesday, October 12, 2005 at 11:03 a.m.
Judge Browning dismissed the case, relying on the discretionary function exception.
What each side argues
United States (Petitioner)
According to Petitioner, the Federal Tort Claims Act waives sovereign immunity for torts of Federal employees when private persons would be liable, but the Ninth Circuit applied state‑government principles instead of private‑person principles.
Joseph Olson (Respondent)
Source-limited. The record does not yet support a complete account.
What happened at oral argument
Justice Kennedy asked whether the United States would be liable if Arizona held a private inspector liable to third persons for their injuries.
According to Justice Ginsburg, justice Ginsburg questioned whether the Mine Safety and Health Administration’s duty to the Secretary of Labor, and not to the miner, would preclude application of the Good Samaritan doctrine.
Justice Stevens asked whether the Court must decide what the Arizona rule is in order to resolve the main question presented.
According to Justice Kennedy, justice Kennedy inquired whether ASARCO was sued in this case and whether its liability was capped by workers’ compensation laws.
According to Justice Breyer, justice Breyer admitted uncertainty about an interesting question raised during argument.
Justice Scalia asked what the respondent’s response was to the motion to dismiss.
According to Mr. Cotter, mr. Cotter addressed the Court’s point about the Daggett case.
Ms. Maynard argued that the government is not rendering services to another party.
- [1] d173be5ac94ffdfc08de-r1-64aa8b749be84711.pdf, p. 4
- [2] d173be5ac94ffdfc08de-r1-64aa8b749be84711.pdf, p. 19
- [3] d173be5ac94ffdfc08de-r1-64aa8b749be84711.pdf, p. 21
- [4] d173be5ac94ffdfc08de-r1-64aa8b749be84711.pdf, p. 23
- [5] d173be5ac94ffdfc08de-r1-64aa8b749be84711.pdf, p. 35
- [6] d173be5ac94ffdfc08de-r1-64aa8b749be84711.pdf, p. 37
- [7] d173be5ac94ffdfc08de-r1-64aa8b749be84711.pdf, p. 24
- [8] d173be5ac94ffdfc08de-r1-64aa8b749be84711.pdf, p. 19
What the Court decided
Why it matters
Terms to know
No glossary terms are available for this guide.
Primary sources
Read the source materials on the official site or open the immutable repository copy used for this guide.
- d173be5ac94ffdfc08de-r1-64aa8b749be84711.pdforal argument transcript
Guide generated September 21, 2026. Automated validation accepted this version.