context: This is so even when there is an applicable non-delegable duty under state law.
citation_a.signal: see
citation_a.identifier: 121 F.3d 1438, 1438-40, 1442
citation_a.parenthetical: finding, in spite of the government's non-delegable duty to monitor the activities of independent contractors hired to dispose of hazardous waste under Florida law, that the Navy was free to delegate its safety responsibilities in the absence of federal legislation dictating otherwise
citation_a.sentence: See Andrews, 121 F.3d at 1438-40, 1442 (finding, in spite of the government’s non-delegable duty to monitor the activities of independent contractors hired to dispose of hazardous waste under Florida law, that the Navy was free to delegate its safety responsibilities in the absence of federal legislation dictating otherwise); but see Dickerson, Inc. v. United States, 875 F.2d 1577, 1582-84 (11th Cir.1989).
citation_b.signal: see also
citation_b.identifier: 711 F.3d 654, 659
citation_b.parenthetical: holding the FTCA exemption of liability for independent contractors preempts state law where it imposes non-delegable duties
citation_b.sentence: See also Berrien v. United States, 711 F.3d 654, 659 (6th Cir.2013) (holding the FTCA exemption of liability for independent contractors preempts state law where it imposes non-delegable duties); accord Alinsky v. United States, 415 F.3d 639, 645 (7th Cir.2005); Roditis v. United States, 122 F.3d 108, 111 (2d Cir.1997); Norman v. United States, 111 F.3d 356, 358 (3d Cir.1997); Hall, 825 F.Supp. at 433 (noting the First Circuit has not recognized state law tort duties as limitations on the United States’ discretion under the FTCA); Berkman v. United States, 957 F.2d 108, 113 (4th Cir.1992).