News & Analysis as of

Federal Tort Claims Act (FTCA)

Butler Snow LLP

Navigating Federal Tort Claims on a National Scale | Tom Jacob | Texas Appellate Law Podcast

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Suing the federal government can be a daunting task. In this episode, Todd Smith and Jody Sanders sit down with Tom Jacob, a partner at National Trial Law in Austin, Texas, to discuss the intricacies of litigating cases under...more

Faegre Drinker Biddle & Reath LLP

Can a Treating Physician Opine on Causation? Eleventh Circuit Says It’s About Intent, not Content

Federal Rule of Civil Procedure 26(a)(2) outlines two different sets of pretrial disclosure requirements, imposing more onerous requirements on “retained” than “non-retained” experts. Relatedly, when non-retained expert...more

Cozen O'Connor

Notice of Appeal - Summer 2023 - A quarterly newsletter reviewing Third Circuit opinions impacting white collar defense lawyers

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Practice Note- Third Circuit Adopts 5:00 PM Filing Deadline- Effective July 1, 2023, the Third Circuit amended its local rules to require all filings, with the exception of those initiating a new appeal or other...more

Zuckerman Spaeder LLP

Trump v. Carroll, Part III: The D.C. Court of Appeals Appropriately Clarifies D.C. Scope-of-Employment Law, But It Won’t Make...

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On April 13, 2023, the en banc District of Columbia Court of Appeals issued its decision in response to a certified question from the Second Circuit. Rather than weighing in directly on whether former President Trump’s...more

Morrison & Foerster LLP - Left Coast Appeals

This Week At The Ninth: The FTCA’s Discretionary Function Exception

This week, the Court addresses the bounds of the discretionary function exception to the Federal Tort Claims Act (FTCA). ...more

Zuckerman Spaeder LLP

Trump v. Carroll, Part I: Should the DC Court of Appeals Decide the Scope of the President’s Employment?

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On January 11, the full complement of active judges of the District of Columbia’s highest court spent more than two and a half hours hearing oral argument about the District’s respondeat superior liability standard in Trump...more

Foley & Lardner LLP

FQHCs: Proposed Guidance Addresses Health Center Delivery of Telehealth Services

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The federal government is requesting comments on proposed guidance for federally qualified health centers (FQHCs) that provide services via telehealth. The guidance communicates key criteria for ensuring services delivered...more

Gray Reed

Politically-Motivated Criminal Cases Based on Perjured Testimony Really DO Happen! Even if You Work for the IRS

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Today’s news media is full of stories about supposed malicious allegations, unfounded criminal investigations and indictments based on perjury. Regardless of our political leanings, all of us should hope that such things...more

Rumberger | Kirk

Florida’s Limited Waiver of Sovereign Immunity Requires Proof that Pre-Suit Statutory Notice of Claim Actually be Received within...

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Sovereign immunity stands for the long-standing premise that the government cannot be sued without its consent. The immunity applies to the State of Florida and all subdivisions of the state, including counties,...more

Proskauer - Proskauer For Good

Proskauer Files Suit for Immigrant Mother and Daughter Harmed by Family Separation Policy

Proskauer, with co-counsel Public Counsel and Squire Patton Boggs, has filed a complaint in Arizona Federal Court on behalf of a mother and daughter from Guatemala who were forcibly separated after crossing the U.S.-Mexico...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at the Ninth: Controlled Burns

This week, the Ninth Circuit addresses the United States’ immunity from suit for fire suppression efforts. ESQUIVEL v. UNITED STATES OF AMERICA - The Court held that the district court correctly dismissed plaintiffs’...more

Faegre Drinker Biddle & Reath LLP

Seventh Circuit Holds that State Court Limit on Medical Expert Testimony Does Not Apply to FTCA Claim in Federal Court

Although product liability actions are governed by state tort law, they frequently find their way into federal court on diversity jurisdiction. In such actions, federal law provides the procedural rules and state law provides...more

Sands Anderson PC

Fourth Circuit Finds That West Virginia Expert Certification Requirement Does Not Apply to Inmate’s Medical Malpractice Claim

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The defenses available to healthcare providers in federal court are more limited after a recent Fourth Circuit ruling. In Pledger v. Lynch, the plaintiff appealed the dismissal of his medical malpractice claim against the...more

ArentFox Schiff

$750K Wake Up Call: FTC Fines Mattress Manufacturer Over False Made in USA Claims

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Mattress manufacturer, Resident Home LLC and its owner, Ran Reske, will pay $750,000 to settle Federal Trade Commission (FTC) charges over alleged misrepresentations that its mattresses were made from 100% USA-made materials...more

Dorsey & Whitney LLP

The Supreme Court - February 25, 2021

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Brownback v. King, No. 19-546: Under the Federal Tort Claims Act (“FTCA”), a plaintiff is allowed to bring certain state-law tort suits against the Federal Government in federal court. An FTCA claim is actionable if it...more

Maynard Nexsen

December 2020 Torts & Insurance Fourth Circuit Cases of Interest

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Periodically, Nexsen Pruet member Marc Manos, a member of the SC Bar Torts and Insurance Practice Section Council, sheds light on a few recent cases from the Fourth Circuit Court of Appeals, focused in the areas of tort &...more

Hinshaw & Culbertson - Health Care

Determining Future Lost Wages for Minor Child Speculative, But Unavoidable Task: Hinshaw's Annual Guide to Key Illinois Medical...

Was a trial court's award of $8.3 million to a minor child excessive? Yong Juan Zhao v. USA, 963 F.3d 692 (7th Cir. 2020) - Case Summary - This medical malpractice lawsuit involving an alleged shoulder dystocia...more

Proskauer - Proskauer For Good

Taking Action for Families Separated at the Border

An anxious mother, detained in a separate facility from her son, is informed that authorities had lost track of him. A devastated father is deported without his child. A crying child is ripped from his father’s arms and put...more

Faegre Drinker Biddle & Reath LLP

Federal Court Sparks New Scrutiny of EPA’s Sovereign Immunity in Flint Water Cases

The U.S. Environmental Protection Agency (EPA) is not immune from negligence claims that would “eviscerate” liability under the Federal Tort Claims Act (FTCA). So says United States District Judge Judith E. Levy in her...more

Morrison & Foerster LLP

U.S. Supreme Court’s Decision To Review A Pair Of FTCA Cases Could Spell A Sea Change In FTC’s Enforcement Authority

The 1914 Federal Trade Commission Act (FTCA) created the Federal Trade Commission (FTC or “the Commission”) and empowered it to prevent, and provide redress to consumers affected by, unfair methods of competition and unfair...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Lead Contamination/Duty to Warn: Indiana Court of Appeals Addresses Claims Related to State Agencies

The Court of Appeals of Indiana (“Court”) addressed in a June 10th Opinion issues relating to lead contaminated soil in a residential area. See State v. Alvarez by next friend Alvarez, 2020 WL 3068449 (Ind. Ct. App. June 10,...more

Dorsey & Whitney LLP

The Supreme Court - March 30, 2020

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Today, the Supreme Court of the United States issued the following opinion: CITGO Asphalt Refining Co. v. Frescati Shipping Co., No. 18-565: This admiralty suit involves the meaning of a maritime contract’s “safe-berth...more

Holland & Knight LLP

Food and Beverage Law Update: February 2020

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Individual Examination into Effect of Alleged False "No Artificial Flavors" Label Necessary - In Marotto v. Kellogg Co., No. 18 Civ 3545, 2019 WL 6798290 (S.D. N.Y. Dec. 5, 2019), the court declined to certify a putative...more

Patrick Malone & Associates P.C. | DC Injury...

Active duty military personnel near a small win on medical malpractice claims

The U.S. government is on the brink of giving active duty military personnel half a legal loaf when it comes to a fundamental constitutional right — their chance to seek justice in the civil courts if they suffer harms while...more

Patrick Malone & Associates P.C. | DC Injury...

Defense bill may offer active service personnel a way to win back key rights

Although members of Congress have fled the nation’s capital for their annual August recess, there’s guarded optimism that lawmakers may be open to reversing a seven-decades-old U.S. Supreme Court ruling that bars active duty...more

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