willful misconduct

(A)Except as the meaning of such term is further restricted pursuant to paragraph (2), the term “willful misconduct” shall, for purposes of subsection (d), denote an act or omission that is taken— (i)intentionally to achieve a wrongful purpose; (ii)knowingly without legal or factual justification; and (iii)in disregard of a known or obvious risk that is so great as to make it highly probable that the harm will outweigh the benefit. (B)The criterion stated in subparagraph (A) shall be construed as establishing a standard for liability that is more stringent than a standard of negligence in any form or recklessness.

Source

42 USC § 247d-6d(c)(1)(A)


Scoping language

for purposes of subsection
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