ParfumGigi@aol.com ParfumGigi@aol.com
7 juin, 2006 14:39
The Federal Torts Litigation Group
The Federal Torts Litigation Group seeks to provide a clearinghouse for information on how to best represent claimants.
Tort claims against the United States are set forth in a number of statues: The Federal Tort Claims Act (FTCA), Military Claims Act (MCA) and Military Personnel and Civilian Employees' Claims Act (PCA), to the name of few.
The Federal Tort Claims Act (FTCA) was enacted by the US Congress in 1946 to permit private parties to sue the United States in a federal court for most torts committed by persons acting on behalf of the United States. Liability under the FTCA is limited to "circumstances where the United States, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred."
The FTCA also exempts a number of intentional torts , but it exposes federal law enforcement officers to greater liability to torts such as assault, battery, and false imprisonment.
The Military Claims Act (MCA) compensates for personal injury, death or property damage caused by activities of the federal government. Unlike the FTCA, the application of the MCA is worldwide. MCA claims are also limited to claim related to injury, death or property damage caused by military personnel or civilian employees acting within the scope of their employment and claims related to injury, death or property damage caused by noncombatant activities of a peculiarly military character.
The primary limitation of the MCA is that there is no right to sue if the claim is denied. Each service has developed regulations governing what claims may be paid.
The Military Personnel and Civilian Employees' Claims Act (also called the Personnel Claims Act [PCA]), compensates service members and other federal employees for personal property that is lost, damaged, or destroyed incident to service. Damage to real property (land, buildings, and permanent fixtures) is not covered, but maybe compensated under the MCA. PCA applies worldwide. Only military personnel and civilian employees of the Department of Defense may recover compensation.
The Federal Tort Litigation Group will provide a database of document from prior action, and cases and develop a database of settlement and judgments. It will hold its first organizational meeting during the 2006 Annual Convention on Monday, July 17, 2006 from 2:00 PM to 3:30 PM at the Washington State Convention Trade Center, Room 202, Seattle, Washington. For more information on this Litigation Group, contact the chair, Howard Richman at 212/421-5500.
