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Federal Tort Claims Act
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This amendment revises the Department of Labor's (DOL) regulations governing administrative claims submitted to DOL pursuant to the Federal Tort Claims Act (FTCA), the Military Personnel and Civilian Employees' Claims Act (MPCECA), and for payment of claims arising out of the operation of the Job Corps. The regulations governing such claims were last revised in 1995. MPCECA has since been amended to allow payment of up to $100,000 if the claim arose from an emergency or extraordinary circumstance. Further, the implementing authority for the Job Corps was changed to the Workforce Investment Act (WIA) since the last time the regulations were updated. These regulations are being amended to reflect those changes, improve the clarity and ease of use of the regulations, and to harmonize the r...
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This amendment revises the Department of Labor's (DOL's) regulations governing administrative claims submitted to DOL pursuant to the Federal Tort Claims Act (FTCA), the Military Personnel and Civilian Employees' Claims Act (MPCECA), and for payment of claims arising out of the operation of the Job Corps. The regulations governing such claims were last revised in 1995. MPCECA has since been amended to allow payment of up to $100,000 if the claim arose from an emergency or extraordinary circumstance. Further, the implementing authority for the Job Corps was changed to the Workforce Investment Act (WIA) since the last time the regulations were updated. These regulations are being amended to reflect those changes, improve the clarity and ease of use of the regulations, and to harmonize the...
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This Note examines a recent circuit split on the question of postal liability for slip-and-fall cases under the "postal matter" exception to the Federal Tort Claims Act. The United States Postal Service, a federal agency, traditionally enjoyed sovereign immunity to suit. Although the 1946 Federal Tort Claims Act waived much of the government's broad immunity, it retained some shields under 28 U.S.C. § 2680(a) through (n). One of these provisions, the "postal matter" exception, protects the government from liability for the "loss, misdelivery, or negligent transmission" of the mail. When two addressees brought tort claims against the government in 2004 after tripping on mail left on their porches by postal carriers, the courts faced an issue of first impression: whether the placement of...
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The Department of Justice is amending its internal organizational regulations to clarify the authority of the respective agency heads of the Bureau of Prisons, the Federal Prison Industries, the United States Marshals Service, the Drug Enforcement Administration, the Federal Bureau of Investigation, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives to settle claims under the Federal Tort Claims Act.
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In 1946 Congress enacted the Federal Tort Claims Act (FTCA), which provides that the federal government can be held liable in tort in the same manner and to the same extent as a private individual under like circumstances. In enacting the FTCA, Congress also provided thirteen exceptions to this baseline rule. This Comment will discuss and compare the Ninth Circuit's recent approach to the discretionary function exception with both a stricter application of the Supreme Court's test in Gaubert and alternatives advocated by commentators. In so doing, this analysis will illustrate that in addition to applying the discretionary function exception too broadly, the Court's current approach under Gaubert also creates an undesirable incentive for governmental agencies to establish ineffective re...
