Soldiers’ Families Blocked from Suing Military Hospitals by Lawyers.com on 3/29/2012 A large number of combat troops have been returning home from their overseas missions, and many are seeking treatment at military and VA hospitals for injuries and conditions they’ve suffered as a result of their combat...more
U.S. Supreme Court Denies Petition to Overturn Feres Doctrine by Alexander Hattimer on 3/19/2012 United States Supreme Court denies petition by Chicago personal injury attorneys, Fichera & Miller, seeking to overturn the 60- year-old Feres Doctrine and preserve the rights of servicemembers and veterans....more
Fisher v. Halliburton: Fifth Circuit Invokes Common Sense To Defend Defense Base Act by Sheppard Mullin Richter & Hampton LLP on 2/14/2012 In March 2010, a federal district court in Texas ruled that the deaths and injuries sustained by a group of civilian convoy drivers in Iraq during insurgent attacks were not “accidents” caused by conditions of...more
Government Contractors - Fifth Circuit Upholds Exclusivity of Defense Base Act Compensation Scheme for Injuries to Federal... by Womble Carlyle Sandridge & Rice, PLLC on 1/20/2012 On January 12, 2012, a unanimous panel of the U.S. Court of Appeals for the Fifth Circuit issued an opinion ending six years of litigation against KBR and Halliburton over injuries and fatalities to contractor drivers in an...more
Purcell v. United States Petition for Certiorari by Alexander Hattimer on 1/16/2012 On Monday, January 23, 2012 I am filing a petition for certiorari seeking to refine or overturn the Feres doctrine. Over the last 60 years the Feres doctrine – a judicial interpretation of the Federal Tort Claims Act - has...more
FICHERA & MILLER TAKES CASE TO U.S. SUPREME COURT FIGHTING FOR THE LEGAL RIGHTS OF MILITARY SERVICEMEN AND WOMEN by Alexander Hattimer on 1/10/2012 January 23, 2012, Chicago, IL: Chicago personal injury attorneys, Fichera & Miller, call upon the United States Supreme Court to overturn the 60- year-old Feres Doctrine and preserve the rights of servicemembers and...more
Purcell v. United States Order Denying Petition for Rehearing by Alexander Hattimer on 10/25/2011 The 7th Circuit denied Purcell's Petition for rehearing this morning without the justices even voting on the issue. The 7th Circuit has made it abundantly clear that it does not care that the Feres doctrine is devolving...more
Should Veterans Have the Right to Sue for Negligence in Military Hospitals? by Robert Kraft on 7/6/2011 Since 1950, U.S. veterans have been unable to make claims for medical malpractice committed in military hospitals. This seemingly unfair rule was decided in a U.S. Supreme Court case referred to by the Plaintiff’s name,...more
Purcell v. United States Plaintiff-Appellant's Reply by Alexander Hattimer on 4/14/2011 Reply brief suggesting new test to apply the Feres doctrine and asking 7th Circuit to consider original intent of FTCA....more
Purcell v. United States Plaintiff-Appellant's Opening Brief by Alexander Hattimer on 2/23/2011 Plaintiff-Appellant's Opening Brief challenging district court's application of Feres Doctrine....more
Filing a Claim Under the Federal Tort Claims Act (FTCA) by Michael Archuleta on 12/12/2010 A claim under the Federal Tort Claims Act should: 1) be in writing; 2) state the name and address of the claimant; 3) state the name and address of the offending government agency; 4) state the basis of the claim being...more
HYBRID ACTIONS UNDER THE FEDERAL TORT CLAIMS ACT (FTCA) by Michael Archuleta on 12/11/2010 It is common in Federal Tort Claims Act (FTCA) practice to encounter cases whose facts require expanding the claim beyond the confines of the FTCA. Combining a FTCA action with other federal and state actions can immensely...more
Hybrid Actions Under the Federal Tort Claims Act FTCA by Michael Archuleta on 12/11/2010 It is common in Federal Tort Claims Act (FTCA) practice to encounter cases whose facts require expanding the claim beyond the confines of the FTCA. Combining a FTCA action with other federal and state actions can immensely...more
VA Opens New Brain Injury Center, Streamlines PTSD Claims Process by Johnston, Moore & Thompson, Huntsville... on 7/13/2010 After long-term criticism of how it treats soldiers suffering from traumatic brain injuries and post-traumatic stress disorder (PTSD), the Veterans Administration has made some important progress. In his June 10 radio...more
United States District Court For The Southern District Of Texas Deprives Battlefield Contractors Of The Protections Of The Defense... by Sheppard Mullin Richter & Hampton LLP on 6/16/2010 A recent decision by the United States District Court for the Southern District of Texas may have caused grave damage to protections long available to overseas government contractors and their employees under the Defense Base...more