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federal tort claims act cases
More than 10.000 documents for federal tort claims act cases
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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 Federal Tort Claims Act (FTCA) waives federal sovereign immunity in cases involving the negligent or wrongful acts of federal government employees acting within the scope of their employment and assigns jurisdiction in such cases to the federal courts. The federal courts, in turn, borrow state negligence rules to adjudicate claims. An exception to the general waiver is found in 2680(h) of the FTCA, the so-called "assault and battery exception," which maintains government immunity from any claim arising out of assault, battery, or other intentional torts. Without definitive Supreme Court guidance on the issue, the federal courts of appeals have split on whether the government is liable for negligence associated with intentional torts. The lone voice in the minority is the Ninth Circu...
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... in Indiana, brought suit under the Federal Tort Claims Act, 28U.S.C. §§ 1346(b), 2671-80, compla... Does the Indiana rule apply to this case? Cases such as Arpin v. United States, 521 F.3d 769, 776 ...
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..., GENERAL COUNSEL, AND MISCELLANEOUS CLAIMS. : Litigation (other Than Under the Federal Tort C...
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...Invoking the federal court's jurisdiction based on diversity of citizen..., and the case proceeds under the Federal Tort Claims Act (FTCA). But in this case, substitution ... herself urges review, mindful that in cases of the kind petitioners present, the incentive of ...
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(This article originally ran in Lawyers Weekly USA, Boston, MA, another Dolan Media publication.) With a new justice in the line-up for the first time in 11 years, the U.S. Supreme Court will begin its new term on Oct. 3.
...James Lockhart took out federally guaranteed loans in the 1980's, but couldn't repay...She sued the government under the Federal Tort Claims Act for the negligent destruction of her pr...
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..., GENERAL COUNSEL, AND MISCELLANEOUS CLAIMS. : Litigation (other Than Under the Federal Tort C...
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...TO PROD AND PLEAD, OR PUNT? II. TORT LAW AND CHANGING CLIMATES III. BEFORE THE LAW SITS... of self-interested minorities to loot the federal fisc." (7) Moreover, as the new governance school ..., judges have sought escape from such claims through political question, standing, and implied ...'s role to grapple with the merits of such cases--even if only to the extent of finding no liabilit...
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...(NCVIA)1 bars state-law design-defect claims againstvaccine manufacturers. IAFor the last 66 y..., vaccines have been subject to thesame federal premarket approval process as prescriptiondrugs, a... increase in vaccine-related tortlitigation. Whereas between 1978 and 1981 only nineprodu... fees are provided, not only for successful cases, but even for unsuccessful claims that are notfriv...
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... Opinion of the Court through state and federal courts in Louisiana, Texas, andCalifornia, and two... byentering final judgment on a common law tort claim, eventhough the judges of such courts ...Of current relevance are two claimsVickie filed in an attempt to secure half of J. Howard'sf... and exclusivejurisdiction of all cases under title 11." 28 U. S. C.§1334(a). Cong...
