Download or read book The Extent to which Sovereign Immunity for Torts is Waived by the Federal Tort Claims Act written by William I. Chertok and published by . This book was released on 1963 with total page 42 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Federal Tort Claims Act written by LandMark Publications and published by . This book was released on 2017-05-16 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt: THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that analyze, discuss and interpret provisions of the Federal Tort Claims Act. The selection of decisions spans from 2013 to the date of publication.Sovereign immunity precludes federal court jurisdiction. FDIC v. Meyer, 510 U.S. 471, 475 (1994). "[T]he United States can be sued only to the extent that it has waived its immunity." United States v. Orleans, 425 U.S. 807, 814 (1976); see United States v. Mitchell, 463 U.S. 206, 212 (1983) ("It is axiomatic that the United States may not be sued without its consent and that the existence of consent is a prerequisite for jurisdiction."); Aviles v. Lutz, 887 F.2d 1046, 1048 (10th Cir. 1989) (stating that, where Congress had not authorized suit under the FTCA, the district court was "without subject matter jurisdiction"). Garling v. United States Environmental Protection Agency, (10th Cir. 2017).Through 28 U.S.C. � 1346(b)(1), the FTCA waives sovereign immunity for certain state law tort claims against the United States. This provision is subject to 28 U.S.C. � 2680(h), which lists exceptions to waiver for various intentional torts. But � 2680(h) also includes language that restores waiver for some of those torts. Garling v. United States Environmental Protection Agency, ibid.Title 28 U.S.C. � 2680 lists exceptions to the FTCA's waiver of sovereign immunity. Id. � 2680(a)-(n). When an exception applies, sovereign immunity remains, and federal courts lack jurisdiction. Aviles, 887 F.2d at 1048; see Franklin v. United States, 992 F.2d 1492, 1495 (10th Cir. 1993) (stating that whether the FTCA exception in � 2680(h) applies was a "question of subject matter jurisdiction"); see also Milligan v. United States, 670 F.3d 686, 692 (6th Cir. 2012) ("Because the FTCA is a jurisdictional statute, if a case falls within the statutory exceptions of 28 U.S.C. � 2680, the court lacks subject matter jurisdiction. . . ." (brackets and quotations omitted)); Hydrogen Tech. Corp. v. United States, 831 F.2d 1155, 1161 (1st Cir. 1987) ("[B]ecause 28 U.S.C. � 1346(b) provides that federal courts shall have jurisdiction over FTCA claims 'subject to' . . . section 2680 [and] the exceptions found in that section define the limits of federal subject matter jurisdiction in this area."). Garling v. United States Environmental Protection Agency, ibid.
Download or read book Federal Tort Claims Act written by Landmark Publications and published by Litigator Series. This book was released on 2022-05-10 with total page 542 pages. Available in PDF, EPUB and Kindle. Book excerpt: THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that analyze, interpret and apply provisions of the Federal Tort Claims Act. Volume 1 of the casebook covers the District of Columbia Circuit and the First through the Fifth Circuit Court of Appeals. As a general rule, the United States is immune from claims for money damages in civil suits. See Larson v. Domestic & Foreign Commerce Corp., 337 U.S. 682, 686-90, 69 S.Ct. 1457, 93 L.Ed. 1628 (1949). The FTCA waives the United States' sovereign immunity for civil suits for money damages "for injury or loss of property, or personal injury or death caused by the negligent or wrongful act or omission of any employee of the Government while acting within the scope of his office or employment." 28 U.S.C. § 1346(b)(1). Where the FTCA's waiver is operative, the government is liable in tort "in the same manner and to the same extent as a private individual under like circumstances." Id. § 2674. However, this broad waiver of sovereign immunity is cabined by a list of exceptions. See id. § 2680. [T]he FTCA's waiver does not apply to "[a]ny claim ... based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a federal agency or an employee of the Government, whether or not the discretion involved be abused." Id. § 2680(a). The exceptions to the FTCA's immunity waiver work to defeat the subject matter jurisdiction of the federal courts. Indemnity Ins. Co. of N. Am. v. United States, 569 F.3d 175, 180 (4th Cir. 2009). Thus, the burden is on the plaintiff in such a civil suit to establish "that the discretionary function exception does not foreclose their claim." Seaside Farm, Inc. v. United States, 842 F.3d 853, 857 (4th Cir. 2016). This exception represents one limit to the extent of "Congress' willingness to impose tort liability upon the United States." United States v. S.A. Empresa de Viacao Aerea Rio Grandense (Varig Airlines), 467 U.S. 797, 808, 104 S.Ct. 2755, 81 L.Ed.2d 660 (1984). It exists to prevent interference by the judiciary in the policy-laden balancing that accompanies the exercise of executive discretion. See Baum v. United States, 986 F.2d 716, 720 (4th Cir. 1993); Tiffany v. United States, 931 F.2d 271, 276 (4th Cir. 1991). Most importantly, the exception protects that "discretion of the executive ... to act according to [his] judgment of the best course, a concept of substantial historical ancestry in American law." Dalehite v. United States, 346 U.S. 15, 34, 73 S.Ct. 956, 97 L.Ed. 1427 (1953). Taken together, these considerations make manifest the important separation-of-powers principles that animate the discretionary function exception. See Holbrook v. United States, 673 F.3d 341, 345 (4th Cir. 2012). Blanco Ayala v. United States, 982 F. 3d 209 (4th Cir. 2020)
Download or read book A Guide to the Federal Tort Claims Act written by Paul Figley and published by American Bar Association. This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This practical guide provides a simplified, easy to read concise overview of the Federal Tort Claims Act (FTCA) and its jurisprudence. It is useful to attorneys or law-trained readers who are new to the FTCA and its procedures or have had limited recent dealings with the statute. It also provides a ready reference for readers of all levels who are about to begin detailed research on particular FTCA issues.
Download or read book Sovereign Immunity written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Administrative Practice and Procedure and published by . This book was released on 1970 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book ERISA and Health Insurance Subrogation in all 50 States 5th Edition written by Gary L. Wickert and published by Juris Publishing, Inc.. This book was released on 2013-01-01 with total page 1300 pages. Available in PDF, EPUB and Kindle. Book excerpt: ERISA and Health Insurance Subrogation In All 50 States is the most complete and thorough treatise covering the complex subject of ERISA and health insurance subrogation ever published. NEW TO THE FIFTH EDITION! • Updated To Include All The Newest Case Law! • Updated To Include Medicaid Subrogation and Preemption of FEHBA ! • New Plan Language Recommendations! • Complete Health Insurance Subrogation Laws In All 50 States • Covers The Application of ERISA In Every Federal Circuit The Fifth Edition of ERISA and Health Insurance Subrogation In All 50 States has been completely revised, edited, and reorganized. This was partly to reflect the new direction recent case decisions have taken regarding health insurance subrogation as well as the crystallization of formerly uncertain and nebulous areas of the law which have now received some clarity. An entirely new chapter entitled, “What Constitutes Other Appropriate Equitable Relief?” has been added and replaces the old Chapter 9, which merely dealt with Knudson and Sereboff. The new edition introduces new state court decisions addressing the issue of causation and whether and when a subrogated Plan seeking reimbursement must prove that the medical benefits it seeks to recover were causally related to the original negligence of the tortfeasor. An entirely new section was added concerning the subrogation and reimbursement rights of Medicare Advantage Plans, a statutorily-authorized Plan which provides the same benefits an individual is entitled to recover under Medicare. This includes recent case law which detrimentally affects the rights of such Plans to subrogate. Also added to the new edition is additional law and explanation regarding Medicaid subrogation, including the differentiation between “cost avoidance” and “pay and chase” when it comes to procedures for paying Medicaid claims. Significant improvements have been made to suggested Plan language which maximizes a Plan’s subrogation and reimbursement rights. The suggested language stems from recent decisions and developments in ERISA and health insurance subrogation from around the country since the last edition. The new edition has been completely reworked both in substance and organization. Recent case law has necessitated consolidation of several portions of the book and elimination or editing of others. A new section entitled “Liability of Plaintiff’s Counsel” has been added, which provides a clearer exposition on the laws applicable and remedies available when plaintiff’s attorneys and Plan beneficiaries settle their third-party cases and fail to reimburse the Plan. Also new to the book are recently-passed anti-subrogation measures such as Louisiana’s Senate Bill 169, § 1881, which states that no health insurer shall seek reimbursement from automobile Med Pay coverage without first obtaining the written consent of the insured. The new edition also goes into much greater detail on the procedures for and law underlying the practice of removal of cases from state court to federal court, and the possibility of remand back to state court. This includes the Federal Courts Jurisdiction and Venue Clarification Act of 2011, effective Jan. 6, 2012, which amended federal removal, venue, and citizenship determination statutes in very significant ways. The new edition also delves into, for the first time, the role which the federal Anti-Injunction Act plays when beneficiaries sue in state court to enforce the terms of an ERISA Plan, while the Plan files suit in federal court seeking an injunction against the state court action. New case law and discussion on preemption of FEHBA subrogation and reimbursement claims have been added to Chapter 10 in the wake of new decisions regarding same.
Download or read book Sovereign Immunity written by National Association of Attorneys General. Committee on the Office of Attorney General and published by . This book was released on 1979 with total page 118 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The National Guard Tort Claims Act written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution and published by . This book was released on 1980 with total page 796 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Discretionary Function written by Jeffrey Axelrad and published by . This book was released on 1989 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Title XIII of S 829 to Amend the Federal Tort Claims Act written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Administrative Practice and Procedure and published by . This book was released on 1983 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Report on Sovereign Immunity written by Arizona. Legislature. Legislative Council and published by . This book was released on 1980 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Amendments to the Federal tort claims act S 2117 written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Citizens and Shareholders Rights and Remedies and published by . This book was released on 1978 with total page 916 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Allowing Federal Tort Claims Arising from Certain Acts of Customs Officers and Allowing Jury Trials in Certain Actions written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Administrative Law and Governmental Relations and published by . This book was released on 1992 with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The National Guard Tort Claims Act written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution and published by . This book was released on 1980 with total page 794 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Sovereign Immunity written by United States. Congress. Senate. Committee on Indian Affairs (1993- ) and published by . This book was released on 1998 with total page 1648 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Lojuk V Quandt written by and published by . This book was released on 1982 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Private Security and the Law written by Charles Nemeth and published by Elsevier. This book was released on 2011-10-13 with total page 637 pages. Available in PDF, EPUB and Kindle. Book excerpt: Private Security and the Law, Fourth Edition, is a unique resource that provides a comprehensive analysis of practices in the security industry as they relate to law, regulation, licensure, and constitutional questions of case and statutory authority. It is an authoritative, scholarly treatise that serves as a solid introduction for students regarding the legal and ethical standards that shape the industry. The book takes you step-by-step through the analysis of case law as it applies to situations commonly faced by security practitioners. It describes the legal requirements faced by security firms and emphasizes the liability problems common to security operations, including negligence and tortious liability, civil actions frequently litigated, and strategies to avoid legal actions that affect business efficiency. It also examines the constitutional and due-process dimensions of private security both domestically and internationally, including recent cases and trends that are likely to intensify in the future. New features of this edition include: a chapter on the legal implications of private contractors operating in war zones like Afghanistan; updated coverage of statutory authority, as well as state and federal processes of oversight and licensure; and special analysis of public-private cooperative relationships in law enforcement. A historical background helps readers understand the present by seeing the full context of recent developments. This book will appeal to: students in physical security, security management, and criminal justice programs in traditional and for-profit schools; security professionals; and those working in law enforcement. - Authoritative, scholarly treatise sheds light on this increasingly important area of the law - Historical background helps readers understand the present by seeing the full context of recent developments - National scope provides crucial parameters to security practitioners throughout the US - NEW TO THIS EDITION! A chapter on the legal implications of private contractors operating in war zones like Afghanistan, updated coverage of statutory authority, updated coverage of state and federal processes of oversight and licensure, special analysis of public-private cooperative relationships in law enforcement
