VA medical staff say care is focus Aug 24, 2008
They're covered by the Federal Tort Claims Act for all services they perform for the VA.. Corzine says she enjoyed her work in a private practice in Helena, but was in search of a job that allowed her to spend more time with her family and less time on call. (Missoulian, MT)
Navy settles hospital claim Aug 1, 2008
Under the federal tort claims act, claimants must notify the military six months in advance of a lawsuit to give the government time to investigate. Typically, the government denies the claim or does nothing, leading to a lawsuit that can be settled or go to trial. (Florida Times-Union)
Case Sheds Light On Military Law May 20, 2008
"They've had 50-some years to have opportunity to change the federal tort claims act and to effect the Feres Doctrine, and they chose not to do that and I think for good reason.". "I think that there is growing political will," said Rep. (CBS News)
Janklow should pay settlement May 20, 2008
The Scott family had wanted to sue Jank-low personally, which would have allowed them to pursue punitive damages, something that is not allowed under the Federal Tort Claims Act. We think Janklow and his insurance company, not federal taxpayers, should be responsible for civil damages in Randy Scott s death. (Rapid City Journal, SD)
Family of man killed in Janklow crash settles for $1 million (4611) May 16, 2008
Meshbesher said if the Federal Tort Claims Act had not come into play, he could have sued Janklow's vehicle insurance company and him personally, and pursued punitive damages -- all of which were not allowed because he was covered as a government worker. "The Tort Claims Act ought not to apply and the insurance (company) should be responsible and not the American taxpayer," he said. (Rapid City Journal, SD)
9th Circuit reaffirms Bitterroot backfire ruling Apr 22, 2008
In 2002, 114 families filed a 54 million lawsuit against the U.S. Forest Service under the federal Tort Claims Act, alleging a backfire lit at the height of the catastrophic fires of 2000 caused a fire that destroyed a number of homes ... Instead, Molloy said the firefighters' decision was protected under the discretionary function exception of the federal Tort Claims Act, which offers federal employees who exercise discretion within the scope of their employment immunity. (Missoulian, MT)
Missoula veteran wins malpractice suit against VA hospital Apr 12, 2008
Lamb brought the claim under the Federal Tort Claims Act and was awarded the money following a one-day bench trial. Information from: Missoulian, http://www. (Montana Standard, MT)
Molloy awards Navy vet $622,739 Apr 12, 2008
Lamb, who worked at Smurfit-Stone Container Corp. before retiring in 2001, brought the claim under the Federal Tort Claims Act, and was awarded the money following a one-day bench trial before U.S. District Judge Donald Molloy in Missoula. This man is a veteran and a proud Montanan, and he was determined to have his day in court, said Lamb's attorney, David Paoli. (Missoulian, MT)
For Your Benefit Apr 7, 2008
Volunteers who are "acting under the scope of their assignment" are protected by the Federal Tort Claims Act. The same holds true if they are injured while on volunteer assignment. (Honolulu Star-Bulletin)
Justices rule against Muslim inmate Jan 23, 2008
The issue in the case was whether federal prison guards are immune from suit under the Federal Tort Claims Act. The law blocks lawsuits against the government over goods detained by customs and excise officers or "any other law enforcement officer." Two lower federal courts said Ali cannot sue because prison officials are law enforcement officers. (MSNBC -- Politics)
Court rules against inmate in lost Quran case Jan 23, 2008
The 5-4 decision clears up conflicting rulings by lower courts over whether the Federal Tort Claims Act (FTCA) allows prisoners to sue for the negligent handling of property. Abdus-Shahid M.S. Ali left two duffle bags containing his belongings at a federal prison in Atlanta as he was being transferred in 2003 to the Big Sandy penitentiary in Inez, Ky. (USA Today -- News)
Missing Quran Oct 31, 2007
In the Supreme Court, the question is whether federal prison officials qualify as law enforcement officers under the Federal Tort Claims Act of 1946 and are therefore exempt from suit. The statute bars liability claims against customs and excise officers or "any other law enforcement officer" involved in detaining property. (Yahoo News -- Politics)
Judge Orders Murtha to Testify in Haditha Defamation Case... Sep 30, 2007
The statute involved is the Federal Tort Claims Act and what is called a "Westfall Certification" regarding scope of employment. Judge Collyer's ruling was entirely consistent with prior rulings, including the Ballenger case you referenced, where discovery was first permitted before a final decision was issued as to whether the challenged comments were made within a federal employee's scope of employment. (The Drudge Report)
Doc may have removed wrong testicle. Apr 10, 2007
The claim was filed on Aug. 8 under the Federal Tort Claims Act. If it is denied, Houghton can sue the government in a federal court, Friery said. (Atlanta Journal-Constitution)
State secrets abuse (Bruce Fein) Mar 14, 2007
Their widows sued the United States for alleged negligence under the Federal Tort Claims Act. They sought discovery of the Air Force's accident report and companion materials. (Washington Times, DC)
Will Federal Government Be Target Of Lawsuits After Comair Crash? Sep 20, 2006
"In a case like this where the claim would essentially be negligence, negligent performance of a duty, the federal tort claims act provides that the federal government can be sued," said Chase College of Law professor Ken Katkin. Experts also say it is likely that the surviving co-pilot will be named in lawsuits. (FOX19.com, OH)
New suit filed in Janklow case Jul 18, 2006
But it was determined that since Janklow was on official business, he was protected from any monetary claims by the Federal Tort Claims Act. The law safeguards on-duty federal employees from negligence claims. (Bakersfield Californian -- Politics)
U.S. sued for Janklow's act Jul 16, 2006
Meshbesher filed an earlier lawsuit against Janklow that was dismissed on the grounds that Janklow could not be sued because he was protected by the Federal Tort Claims Act, which protects federal employees from negligence claims when they are on duty. The new lawsuit, which names only the U.S. government, said that Janklow was acting as a member of the U.S. House at the time of the accident. (Rapid City Journal, SD)
GREENHOUSE: With Roberts at the Helm, a Supreme Court in Flux... Jul 2, 2006
The majority opinion by Justice Kennedy in this case, Dolan v. United States Postal Service, No. 04-848, was based on an interpretation of the Federal Tort Claims Act, not on the Constitution. Justice Thomas dissented, and Justice Alito did not participate. (The Drudge Report)
Employers get turn in cross hairs Jun 20, 2006
Worker database, tougher sanctions top Congress' list of ways to keep illegal immigrants from getting jobs. 11:48 AM MST on Monday, June 19, 2006. (FOX 11, AZ)
Trial starts today in suit linked to Bulger Jun 5, 2006
They fought so hard for us not to get our day in court, for the truth not to come out," said McIntyre's brother, Christopher. He said it is a victory for him and his mother, Emily, just to have a trial on their suit, no matter what the outcome is.Ten of the 17 cases that have been brought against the government by alleged Bulger victims or their relatives were dismissed on grounds that they were filed too late. The rest are pending.Flemmi, who struck a deal with the government that spared him... (Boston Globe)
The FBI Knocked Over My Barn : May 26, 2006
You can take the government to court under the Federal Tort Claims Act if they try to lowball you on your claim. Families that get really screwed and have to move out of their homesafter a police raid with tear gas, for examplesometimes get housing assistance from special government funds or the American Red Cross. (Slate)
High court: Injured woman can sue Postal Service Feb 23, 2006
Dolan sued under a law known as the Federal Tort Claims Act, which makes federal workers liable for certain injuries they cause through negligence. Lower federal courts dismissed her case, saying that her complaint fell under an exemption in the law for claims "arising out of the loss, miscarriage or negligent transmission" of mail. (USA Today -- Politics)
