Block v. Neal

In Block v. Neal, 460 U.S. 289, 103 S.Ct. 1089, 75 L.Ed.2d 67 (1983), the Supreme Court ruled that although the misrepresentation exception protects the federal government from liability relating to the negligent communication (or non-communication) of information, "it does not bar negligence actions which focus ... on the Government's breach of a different duty." Id. at 297, 103 S.Ct. 1089. The Court further reasoned that if, as was alleged, the Farmers Home Administration (FmHA) undertook an active role in the construction of the plaintiff's home (thus going far beyond mere assurances regarding the quality of the structure), it might be held to have assumed an additional duty under the Good Samaritan doctrine Id. Such a duty would obligate the government "to use due care to ensure that the builder adhere to previously approved plans and cure all defects before completing construction which is distinct from any duty to use due care in communicating information." Id.