The second form relies on the FTCA
for professional liability protection.
The NAIC only needed to address the FTCA
because [section] 1012(b) of the McCarran-Ferguson Act exempted that law from the general "invalidate, impair, or supersede" clause.
These cross-references to state law in FTCA
and FSIA cases,
National Guard members are in a Title 32 status when performing a UTA and are, therefore, covered by the FTCA
Section 12 of the FTCA
"prohibits false ads likely to induce
in statutes like the FTCA
, and section 1983 plaintiffs often will sue
Military medical personnel are immune from individual liability in tort cases because the Military Malpractice Act makes the FTCA
the sole basis for malpractice suits.
The dissenting judge found that the majority's "causal connection" approach ran contrary to the doctrine established in the Kubric case and its progeny because it eliminated the requirement that before the statute of limitations can run on an FTCA
claim, the plaintiff must be aware both of the existence of the injury and "the facts of causation.
Piechowicz and other circuit court cases illustrate a majority rule that the determination of whether or not to offer protection to witnesses is a matter of discretion on the part of federal agents and that the determination consequently falls within the discretionary function exception of the FTCA
since] the number of FTCA
claims arising in Antarctica (or outer space) is presumably modest.
This Note concludes by stating that Congress should exempt the GPS from FTCA
liability because of the devastating effect unparalleled global liability would have on the planet's preeminent navigational device.
That said, al-Kidd is also pursuing an FTCA
claim, which provides a statutory remedy, albeit narrow, to people whose rights are violated by law enforcement officials.