Federal Tort Claims Act
(FTCA)
Studies
Federal Tort Claims Act: Information Related to Implications of Extending Coverage to Volunteers at HRSA-Funded Health Centers. GAO-09-693R, June 24.
Statute
28 USC 2680(h) - Exemptions to the FTCA
Sec. 233. Civil actions or proceedings against commissioned
officers or employees - Immunity for public health service employees. Also applies to community
health centers and free clinics.
Research Guides
Federal Tort Claims Handbook, current through 1999. Excellent research guide.
Clinician’s Handbook On the Federal Tort Claims Act – Edition II - 2001
Judge Advocate General FTCA training materials, 1999.
Key Cases Establishing the Extent of Liability under the FTCA
Corps contests the adequacy of the FTCA notice for most Katrina plaintiffs - In re Katrina Canal Breaches Consolidated Litigation, No. 05-4182, 2010 WL 487431, (E.D.La. 2010)
Discretionary authority does not protect TVA from green house case claims - Connecticut v. American Elec. Power Co., Inc., --- F.3d ---- (2nd Cir.(N.Y.) Sep 21, 2009)
Stafford Act immunity for Katrina debris removal decisions by FEMA - St. Tammany Parish v. Federal Emergency Management Agency, 556 F.3d 307 (5th Cir. 2009)
Court dismisses Industrial Canal cases for failure of FTCA notice - In re Breaches, No. 06-2268 - 2008 WL 4449970 (E.D.La. 2008)
Court dismisses most Katrina levee breach claims against the Army Corps of Engineers - 30 Jan 2008
Immunity of federal employees from suit (Westfall Act Immunity) - Osborn v. Haley, 549 U.S. 225 (2007) - excellent discussion of the Westfall Act, which provides immunity for federal employees when the Attorney General certifies that they were acting with the course and scope of employment.
Plaintiff's can go forward with claims against the Army Corp of Engineers based on failure of a navigation canal during Katrina - Feb 2007.
Federal tort claims act does not apply to actions outside the U.S. - Sosa v. Alvarez-Machain, 124 S.Ct. 2739, 542 U.S. 692, 159 L.Ed.2d 718 (2004)
Establishing duty under the FTCA (polio vaccine) - United States v. St. Louis
University, 336 F.3d 294 (4th Cir. 2003)
Court rejects
tort claims against government for alleged injuries by private research contractors
- Heinrich v. Sweet, 308 F.3d 48 (1st Cir. 2002)
How Specific Must the Notice
be in FTCA Cases? - Goodman v. U.S., 298 F.3d 1048 (9th Cir. 2002)
Tolling the FTCA Statute of Limitations/Federally Funded
Community Health Centers are Covered by the FTCA - Motley v. U.S., 295 F.3d
820 (8th Cir. 2002)
Supreme Court limits the Flood Control Act of 1928 - Central
Green Co. v. United States, 531 U.S. 425 (2001)
Navy not liable under FTCA for recruiter who spread STI
- Leleux v. United States, 178 F.3d 750 (5th Cir. 1999) -
Navy recruiter in Lafayette, LA, gave underage recruit genital herpes. She
sued the Navy under FTCA, but the court found that since the recruiter knew
he was infected, it was a battery and thus exempt under the FTCA.
Intentional infliction of emotional
distress allowed under the FTCA - Truman v. United States, 26 F.3d 592
(5th Cir. 1994)
Governmental Liability for Rabies
Contracted by Lab Worker - Andrulonis v. United States, 924 F.2d 1210 (2nd
Cir. 1991)
Navigation channels for levee construction are covered by the Flood Control Act immunity - Mocklin v. Orleans Levee District and Its Board of Levee Commissioners, 877 F.2d 427 (5th Cir. 1989)
Brief - Governmental
Immunity and Public Health Agency Actions - Berkovitz by Berkovitz v. U.S.,
486 U.S. 531 (1988)
Governmental
Immunity and Discretionary Authority - Berkovitz by Berkovitz v. U.S., 486
U.S. 531 (1988)
Soldier cannot sue government for LSD experiments - U.S.
v. Stanley, 479 U.S. 1005 (1986)
Are recreational waters governed by
the Flood Control Act of 1928 - United States v. James et al., 478 U.S. 597
(1986)
United States v. S.A. Empresa de Viacao
Aerea Rio Grandense (Varig Airlines), 467 U.S. 797 (1984)
Liability for Swine Flu
Vaccine - Unthank v. United States, 732 F.2d 1517 (10th Cir. 1984)
When does the SOL start to run on FTCA cases - United
States v. Kubrick, 444 U.S. 111, 120, 100 S.Ct. 352, 62 L.Ed.2d 259 (1979)
Does federal funding trigger the FTCA - United States
v. Orleans, 425 U.S. 807, 813, 96 S.Ct. 1971, 48 L.Ed.2d 390 (1976).
Absolute immunity of the Corp of Engineers for flood damage
- Florida East Coast Railway Co. v. United States, 519 F.2d 1184 (5th Cir.
1975)
Flood Control Act immunity does not appy to navigation projects
- Graci v. United States, 456 F.2d 20 (5th Cir. 1971) - Graci on remand - no negligence. Original district court ruling.
Atomic Bomb Cases -
Suits against the US for exposing persons to fallout from nuclear testing.
Ultimately rejected as falling into the discretionary authority defense.
Flood Control Act of 1928 History - National Mfg. Co. v. United States. Great Western Paint Mfg. Corp., 210 F.2d 263 (8th Cir. 1954)
Texas City Disaster - History of the FTCA - Dalehite v. U.S., 346 U.S. 15,
73 S.Ct. 956, 97 L.Ed. 1427 (1953)
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