Federal Torts Claims Act

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Federal Torts Claims Act

FTCA

A statute enacted by Congress in 1946 that specifies how and when private parties may sue the U.S. in federal court for torts committed by those acting on behalf of the U.S. It controls the legal liability of health care professionals employed at government clinics (e.g., in the Indian Health Service, military clinics, and federally funded clinics for underserved communities).

References in periodicals archive ?

In Carlson, the question was raised whether the FTCA, a statute allowing recovery against the US for certain torts committed by federal officials, could offset a Bivens remedy.

ZIGLAR V. ABBASI AND ITS EFFECT ON THE CONSTITUTIONAL RIGHTS OF FEDERAL PRISONERS

Prescribed burning implicates the FTCA and the discretionary

WILDFIRE LITIGATION: EFFECTS ON FOREST MANAGEMENT AND WILDFIRE EMERGENCY RESPONSE

In FTCA cases, the United States is the defendant (generally it is the government, not the employee who is the defendant).

Lessons from a daunting malpractice event

jurisdiction" under the FTCA. (43) Thus, the FTCA's limited

NATURAL DISASTERS AND GOVERNMENT TORTS: IMMUNITY FOR DELICTUAL INJURY AFTER DISASTER DAMAGE

Macharia's application of the FTCA's foreign country exception to a United States embassy abroad was consistent with other prior decisions construing the exception.

In action under Federal Tort Claims Act where US State Department employee suffered injuries in Haiti, District Of Columbia Circuit Affirms Dismissal of lawsuit

The court held that the prisoner's confinement was uncategorically privileged, and thus, under state law, he could not assert a claim for false imprisonment against the United States pursuant to the Federal Tort Claims Act (FTCA) based on his brief transfer from the halfway house.

Part One: Complete case summaries in alphabetical order

(163) A claim under the FTCA is different from an ordinary tort action.

The praetorians: an analysis of U.S. border patrol checkpoints following Martinez-Fuerte

(49) In essence, Boyle was aimed at "plaintiffs seeking to use state law to recover against contractors for claims that would have been barred under the discretionary function exception if brought directly against the responsible government officers." (50) At least until September 11th, "lower courts had primarily understood Boyle as nothing more than an extension of the FTCA's 'discretionary function' exception to a particular type of state-law tort suits against contractors, whether because it was a 'derivative immunity' or a form of 'federal common law preemption.'" (51)

War and justiciability

The FTCA was enacted before the FDCPA and Dodd-Frank (48) and has historically addressed many consumer concerns related to credit, lending, and debt collection.

Who's your debt collector now? Extending debt collection regulation to first-party lenders

Federal Bureau of Prisons arose under the Federal Tort Claims Act (FTCA), a statute that operates as a blanket waiver of sovereign immunity and allows individuals to seek damages for the tortious acts of federal officials.

Statutes and democratic self-authorship

The Federal Trade Commission (FTC) has asserted its enforcement authority as "the chief federal agency on privacy policy since the 1970s," originally, under the Fair Credit Reporting Act and, subsequently, under a variety of federal privacy and security statutes, including the FTC Act (FTCA A* 5), the GrammCaeLeachCaeBliley Act (GLBA) and the Children's Online Privacy Protection Act (COPPA).

How FTC privacy enforcement has evolved with recent cases

The FTCA provides that awards will be controlled by the laws of the state where the underlying incident occurred.