Litigation

Recent Posts

Military Faces Challenge To Medical Malpractice Shield
Posted on 26 Apr 2011 by LexisNexis Litigation Resource Community Staff

BRADENTON, Fla. - (AP) Veterans, military families and others who oppose a decades-old law that shields military medical personnel from malpractice lawsuits are rallying around a case they consider the best chance in a generation to change the widely... Read More

High Court Clears U.S. Public Health Employees Of Liability
Posted on 3 May 2010 by Bajeerah LaCava

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... Read More

Supreme Court: Medical Battery Suit Against United States May Proceed
Posted on 4 Mar 2013 by Bajeerah LaCava

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... Read More

U.S. High Court Denies Petition Disputing Government's Immunity In Katrina Dispute
Posted on 25 Jun 2013 by Jennifer Hans

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... Read More

5th Circuit: United States Not Immune From Liability For Katrina Flood Damage
Posted on 5 Mar 2012 by Jennifer Hans

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... Read More

Equitable Tolling Applies To Suits Under Federal Tort Claims Act, Split U.S. Supreme Court Rules
Posted on 22 Apr 2015 by Maureen McGuire

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... Read More

U.S. High Court: Prison Officers Not Immune From Assault Claims
Posted on 28 Mar 2013 by Bajeerah LaCava

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... Read More

5th Circuit Panel Affirms Lack Of Jurisdiction In FEMA Trailer Formaldehyde Suits
Posted on 24 Jan 2012 by Bill G Lowe

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... Read More