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Author : David Keller
Publisher :
ISBN 13 :
Total Pages : 44 pages
Book Rating : 4.:/5 (797 download)
Download or read book Harvard Law School Third Year Paper written by David Keller and published by . This book was released on 1954 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Osborne M. Reynolds
Publisher :
ISBN 13 :
Total Pages : 414 pages
Book Rating : 4.:/5 (137 download)
Download or read book The Discretionary Function Exception of the Federal Torts Claims Act written by Osborne M. Reynolds and published by . This book was released on 1967 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Kenneth B. Newman
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (287 download)
Download or read book The Discretionary Function Exception written by Kenneth B. Newman and published by . This book was released on 1964* with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : William I. Chertok
Publisher :
ISBN 13 :
Total Pages : 42 pages
Book Rating : 4.:/5 (823 download)
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:
Author : Jeffrey Axelrad
Publisher :
ISBN 13 :
Total Pages : 206 pages
Book Rating : 4.F/5 ( download)
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:
Author :
Publisher :
ISBN 13 :
Total Pages : 288 pages
Book Rating : 4.3/5 (121 download)
Download or read book LEGISLATION TO AMEND THE FEDERAL TORT CLAIMS ACT written by and published by . This book was released on 1988 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Ben V. Colligan
Publisher :
ISBN 13 : 9781606929896
Total Pages : 0 pages
Book Rating : 4.9/5 (298 download)
Download or read book Federal Torts Reform, Claims and Liability written by Ben V. Colligan and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Federal Tort Claims Act is the statute by which the United States authorises tort suits to be brought against itself. With exceptions, it makes the United States liable for injuries caused by the negligent or wrongful act or omission of any federal employee acting within the scope of his employment, in accordance with the law of the state where the act or omission occurred. Three major exceptions, under which the United States may not be held liable, even in circumstances where a private person could be held liable under state law, are the Feres doctrine, which prohibits suits by military personnel for injuries sustained incident to service; the discretionary function exception, which immunises the United States for acts or omissions of its employees that involve policy decisions; and the intentional tort exception, which precludes suits against the United States for assault and battery, among some other intentional torts, unless they are committed by federal law enforcement or investigative officials. This book discusses, among other things, the application of the Feres doctrine to suits for injuries caused by medical malpractice in the military, the prohibition of suits by victims of atomic testing, Supreme Court cases interpreting the discretionary function exception, the extent to which federal employees may be held liable for torts they commit in the scope of their employment, and the government contractor defence to products liability design defect suits.
Author : Jo Brooks Fox
Publisher :
ISBN 13 :
Total Pages : 152 pages
Book Rating : 4.F/5 ( download)
Download or read book The Exception for Misrepresentation and the Exception for Interference with Contract Rights Under the Federal Tort Claims Act written by Jo Brooks Fox and published by . This book was released on 1985 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Stephen Lowe Nelson
Publisher :
ISBN 13 :
Total Pages : 225 pages
Book Rating : 4.:/5 (693 download)
Download or read book The King's Wrongs and the Federal District Courts written by Stephen Lowe Nelson and published by . This book was released on 2010 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : United States. Congress. House. Committee on the Judiciary. Subcommittee on Administrative Law and Governmental Relations
Publisher :
ISBN 13 :
Total Pages : 340 pages
Book Rating : 4.F/5 ( download)
Download or read book Legislation to Amend the Federal Tort Claims Act 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 1988 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Landmark Publications
Publisher :
ISBN 13 :
Total Pages : 546 pages
Book Rating : 4.6/5 (643 download)
Download or read book Federal Tort Claims Act written by Landmark Publications and published by . This book was released on 2020-07-09 with total page 546 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 covers the District of Columbia Circuit and the First through the Fifth Circuit Court of Appeals. * * * Under the FTCA, Congress "waived the sovereign immunity of the United States for certain torts committed by federal employees." F.D.I.C. v. Meyer, 510 U.S. 471, 475, 114 S.Ct. 996, 127 L.Ed.2d 308 (1994); see 28 U.S.C. § 1346(b). "[T]o be actionable under [the FTCA], a claim must allege, inter alia, that the United States 'would be liable to the claimant' as 'a private person' 'in accordance with the law of the place where the act or omission occurred.'" Id. at 477, 114 S.Ct. 996 (quoting § 1346(b)). "[T]he source of substantive liability under the FTCA" is the "law of the State." Id. at 478, 114 S.Ct. 996. Hernandez v. US, 939 F. 3d 191 (2nd Cir. 2019) * * * [There] is an exception to this provision, removing from the district courts' jurisdiction "[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). In evaluating a claim under the FTCA, a court must therefore determine whether the claim is based on a discretionary function as contemplated by section 2680; if so, the case must be dismissed for want of jurisdiction.In conducting the discretionary function inquiry, we use a "familiar analytic framework." Shansky v. United States, 164 F.3d 688, 690 (1st Cir. 1999). First, we "must identify the conduct that allegedly caused the harm." Id. at 690-91. Second, we must ask "whether this conduct is of the nature and quality that Congress, in crafting the discretionary function exception, sought to shelter from tort liability." Id. at 691. The latter analysis "encompasses two questions: Is the conduct itself discretionary? If so, is the discretion susceptible to policy-related judgments?" Id. The word "susceptible" is critical here; we do not ask whether the alleged federal tortfeasor was in fact motivated by a policy concern, but only whether the decision in question was of the type that policy analysis could inform. See United States v. Gaubert, 499 U.S. 315, 325, 111 S.Ct. 1267, 113 L.Ed.2d 335 (1991) ("The focus of the inquiry is not on the agent's subjective intent in exercising the discretion conferred by statute or regulation, but on the nature of the actions taken and on whether they are susceptible to policy analysis."). In addition, the fact that a government official exercises discretion pursuant to regulatory authority creates a presumption that this discretion was susceptible to policy analysis and thus protected. Id. at 324, 111 S.Ct. 1267. Hajdusek v. US, 895 F. 3d 146 (1st Cir. 2018)
Author :
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ISBN 13 :
Total Pages : 318 pages
Book Rating : 4.3/5 ( download)
Download or read book Federal Tort Claims Act Litigation Seminar written by and published by . This book was released on 1990 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Stuart M. Speiser
Publisher :
ISBN 13 :
Total Pages : 1116 pages
Book Rating : 4.F/5 ( download)
Download or read book The American Law of Torts written by Stuart M. Speiser and published by . This book was released on 1988 with total page 1116 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : United States
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ISBN 13 :
Total Pages : 938 pages
Book Rating : 4.3/5 (511 download)
Download or read book United States Code Annotated written by United States and published by . This book was released on 2006 with total page 938 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Texas
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ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (137 download)
Download or read book Civil Practice and Remedies Code written by Texas and published by . This book was released on 1986 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :
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ISBN 13 :
Total Pages : 44 pages
Book Rating : 4.:/5 (227 download)
Download or read book The Discretionary Function Exception in FTCA Litigation Alleging Medical Malpractice written by and published by . This book was released on 1993 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Gary L. Wickert
Publisher : Juris Publishing, Inc.
ISBN 13 : 1578233291
Total Pages : 1300 pages
Book Rating : 4.5/5 (782 download)
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.
