LexisNexis® Legal Newsroom
High Court Clears U.S. Public Health Employees Of Liability

WASHINGTON, D.C. - (Mealey's) The Federal Tort Claims Act (FTCA) bars actions filed under Bivens v. Six Unknown Fed. Narcotics Agents (403 U.S. 388, 397) against U.S. Public Health Service (PHS) officers or employees for harms due to constitutional violations that occurred while the officials were...

5th Circuit Panel Affirms Lack Of Jurisdiction In FEMA Trailer Formaldehyde Suits

NEW ORLEANS - (Mealey's) A unanimous Fifth Circuit U.S. Court of Appeals panel on Jan. 23 affirmed summary judgment for the United States against Alabama and Mississippi claimants in the multidistrict Federal Emergency Management Agency trailer formaldehyde products liability litigation for lack...

5th Circuit: United States Not Immune From Liability For Katrina Flood Damage

NEW ORLEANS - (Mealey's) The Fifth Circuit U.S. Court of Appeals on March 2 affirmed a lower court's ruling that the United States is not immune from liability for certain plaintiffs' Hurricane Katrina flood damage under Section 702c of the Flood Control Act of 1928 and under the discretionary...

Supreme Court Hears Arguments On Immunity Of Correctional Officers

WASHINGTON, D.C. - (Mealey's) Section 26809(h) of 28 U.S. Code clearly provides a waiver of sovereign immunity and "extends the waiver to any claim for one of the six enumerated torts committed by a Federal investigative or law enforcement officer acting within the scope of his or her employment...

Supreme Court: Medical Battery Suit Against United States May Proceed

WASHINGTON, D.C. - (Mealey's) A citizen may proceed with his lawsuit against the United States alleging medical battery by a Navy doctor acting within his scope of employment, a unanimous U.S. Supreme Court ruled this morning ( Steven Alan Levin v. United States, et al. , No. 11-1351, U.S. Sup.)...

U.S. High Court: Prison Officers Not Immune From Assault Claims

WASHINGTON, D.C. - (Mealey's) The Federal Tort Claims Act (FTCA) waives sovereign immunity for law enforcement officers' acts where a claim arises out of one of six intentional torts where an officer is "acting within the scope of his office or employment," a unanimous U.S. Supreme...

U.S. High Court Denies Petition Disputing Government's Immunity In Katrina Dispute

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on June 24 refused to hear an appeal of a lower federal court's ruling that the application of the discretionary function exception (DFE) to the Federal Tort Claims Act (FTCA) completely insulates the U.S. government from liability for claimants'...

Equitable Tolling Applies To Suits Under Federal Tort Claims Act, Split U.S. Supreme Court Rules

WASHINGTON, D.C. — (Mealey’s) The time limits set forth for suits against the federal government in Section 2401(b) of the Federal Tort Claims Act (FTCA) are subject to equitable tolling, the U.S. Supreme Court ruled April 22 in a 5-4 decision ( United States v. Kwai Fun Wong , No. 13-1074...