Understanding The Federal Tort Claims Act
The Federal Tort Claims Act holds federal government agencies and employees accountable. Under the FTCA, citizens can sue the federal government in certain wrongful act and negligence claims. The U.S. Department of Justice states the FTCA allows damage claims for:
injury or loss of property, or personal injury or death caused by the negligent or wrongful act or omission of any employee of the Government while acting within the scope of his office or employment, under 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 gives citizens the opportunity to earn compensation in suits against the federal government. However, suing federal employees and agencies is more difficult than taking on a private citizen. The FTCA grants numerous protections for the federal government and includes many exceptions and limitations. These include, but are not limited to:
- In general, the FTCA only allows for negligence claims. Though rare, suits claiming intentional misconduct by a federal employee are also possible.
- Under the FTCA, only federal employees can be sued. This means that the act does not cover cases against independent contractors hired by the federal government.
- The agency or employees negligent act must have been done within and during the defendants employment.
- The claim has to be based on the state law in which the negligent act happened.
Filing A Federal Tort Claims Act Lawsuit
If you do not receive a favorable ruling in your administrative action, you may proceed with a lawsuit under the Federal Tort Claims Act. Your FTCA lawsuit should be filed in the United States District Court which covers the jurisdiction where your accident took place .
Your case will be assigned to an attorney with the United States Department of Justice and an experienced attorney on your side should be familiar will all the legal proceedings and defenses the federal government may use to keep from paying you the compensation you deserve. Under the FTCA, you may not sue the federal government for more money than you asked for in your SF95 Notice of Claim. Retaining a qualified attorney from the very beginning can help ensure you file for all the injury damages you are entitled to.
How To Sue The State Government
This article was co-authored by Clinton M. Sandvick, JD, PhD. Clinton M. Sandvick worked as a civil litigator in California for over 7 years. He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013.There are 25 references cited in this article, which can be found at the bottom of the page. This article has been viewed 59,891 times.
It is not easy to sue a state government. Generally, a state is immune from lawsuits. This is called sovereign immunity, and it prevents you from being able to bring a lawsuit even when a state injures you. However, there are some exceptions to a states sovereign immunity. For example, the state might allow people to sue for personal injuries caused by the state.XResearch source Also, you can sue state employees for violations of your federal constitutional rights. In order to sue a state government correctly, you should meet with an attorney who can advise you about the specific process.
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Bank Of America Acquisition Of Merrill Lynch $24 Billion
In 2013, a federal judge in New York issued final approval to a $2.4 billion settlement stemming from the failure of mortgage-backed securities and Bank of Americas acquisition of Merrill Lynch& Co. Public pension funds in Ohio and Texas were among the lead plaintiffs in the case. An estimated 4 to 5 million investors were due to receive shares of the settlement.
Cendant Accounting Fraud $32 Billion
In 2000, a federal judge in New Jersey approved a $3.2 billion settlement based on shareholder claims that a merger had inflated the value of Cendant Corp., a travel and real estate company that owned Ramada Inns and other well-known brands. Once investors discovered accounting irregularities, Cendant stock lost $14 billion in a single day.
Pension funds for California state employees, New York state employees, and New York City employees represented Cendant shareholders as lead plaintiffs. Cendant chairman Walter Forbes and vice chairman Kirk Shelton were both imprisoned on conspiracy charges and ordered to pay over $3 billion each in restitution.
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What Kind Of Recovery Can I Receive With A Civil Rights Claim
The court will take action to address the harm done to the victim if an agency, business, or individual is found guilty of violating state or federal civil rights laws.
In some cases, it will include financial harm. For example, if an employee was paid less than similar workers because of their gender identity. The court may order the employer to pay the wage difference the person would have received if the discrimination had not occurred.
Another example is if an employee was denied a promotion because of their race. The court could order a company to:
- Promote the individual
- Backpay the money they would have received if they were promoted instead of discriminated against
In some cases, the harm is not financial but one of access. For example, a female student may have been denied access to an educational or sports activity due to their sex. In such a case, the court may order the school to change its policy to provide equal access.
What Is A Class Action Lawsuit
When a group of people who have been injured in a similar manner file a single lawsuit to seek compensation as a group, this is known as a class action lawsuit. You may also hear these types of cases referred to as multi-district litigation or mass tort litigation. Often, these cases are filed against manufacturers whose negligence caused injuries to consumers.
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A Reputation For Success In Complex Cases
Class action litigation is complex. It takes a high level of skill for a firm to litigate claims on behalf of a class. United States District Judge Mark W. Bennett, who presided over In re Iowa Ready-Mix Concrete Antitrust Litigation, had the following to say about Cohen & Malad, LLPs representation of the class:
In more than thirty-six years of lawyering and judging, I have never been prouder to be a lawyer/judge than when I observed the lawyers in this case plying their chosen craft. This case has been to me what it was like when I stood before daVincis Mona Lisa and Michelangelos David, observing the great masters works. I was overcome with the rare and gargantuan sense of awe that will likely last a lifetime.
Bp Gulf Of Mexico Oil Spill $20 Billion
In 2016, a federal judge in New Orleans granted final approval to an estimated $20 billion settlement resolving civil claims over environmental damage from the Deepwater Horizon oil spill. Most of the funds cover federal claims and penalties, while approximately $5 billion to $6 billion provides payments to state and local governments. Like the tobacco settlements above, this is not a traditional class action because it was led by public prosecutors rather than the plaintiffs bar. Some legal observers criticized the settlement for allowing BP to claim $15 billion of the settlement cost as a tax write off.
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Red Light Camera Cases
The Simon Law Firm, P.C. has handled several red light camera class actions. The goals of these class actions are to prohibit cities from using red light cameras, dismiss all outstanding tickets, and obtain a refund of camera tickets that have been paid. The vast majority of those who oppose red light cameras are concerned citizens who believe local governments should be looking for ways to improve public safety using engineering countermeasures instead of a system that preys on citizens endangered by poor traffic design.
Dozens of studies across the country, including studies in Missouri, have found that crashes and injuries increase after cameras are installed. The U.S. Public Interest Research Group has concluded that contracts between cities and camera companies put revenue first and put the publics interest at risk, as these payment models can encourage camera companies and public officials to take actions designed primarily to increase the number of citations issued.
Indeed, some cities have been caught shortening the length of yellow lights in order to generate more red light camera citations. This conduct goes against the recommendations of the Federal Highway Administration , which found that reducing yellow light intervals by one second results in a 110 percent increase in red light violations with a 125 percent to 225 percent increase in crashes.
Ncf Reforms And Class Actions
The changes to the Federal Court’s approach to case management of Class Actions are intended to reduce the delay and expense associated with Class Actions and often high level of interlocutory disputes. As part of the NCF reforms, the Federal Court has issued a new Class Actions Practice Note , which builds on the former practice note. The key features of this practice note include:
- allocation of Class Actions to a docket judge and, in appropriate cases, to a designated case management judge and/or a registrar
- tailored case management to ensure the expeditious and efficient management of the class action
- disclosure requirements regarding costs agreements and litigation funding agreements both to class members and to the Court and other parties
- guidance on communication with class members
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Liability And Immunity For Georgia School Districts
Of particular note, the Georgia Tort Claims Act does not waive immunity for school districts. However, the legislature has provided separate statutory authority for waivers. This authority rests in the individual school districts and is left to each districts discretion.
A common claim against school districts arises in the context of school bus accidents. School districts are required to purchase insurance for the benefit of children riding in school buses. Such policies must protect against injury or death resulting from an accident or collision involving a school bus.
However, the amount of such insurance is within the discretion of each individual school board, according to O.C.G.A. § 20-2-1090 which says:
The various school boards of the counties, cities, and independent school systems employing school buses are authorized and required to cause policies of insurance to be issued insuring the school children riding therein to and from school against bodily injury or death at any time resulting from an accident or collision in which such buses are involved. The amount of such insurance shall be within the discretion of the respective boards.
And, it may come as a surprise to learn that some school boards in Georgia have elected to purchase policies with bare-bones coverageas little as $5,000 per child of coverage for medical and funeral expenses.
Despite this fact, most school boards in Georgia have indeed secured such policies.
Some, however, have not.
When Can You Sue The Government
For a majority of United States history, the doctrine of sovereign immunity prohibited citizens from suing state or federal governments and their employees. Luckily this began to change in the mid-1900s legislation shifted towards increased government accountability and citizen rights. In 1946, the Federal Tort and Claims Act was signed into law, waiving the federal governments immunity to tort claims. After the passing of the FTCA, many states followed suit with individual state tort claims acts. These acts limit sovereign immunity, meaning that federal and state governments can be held liable for certain actions. Citizens can now sue federal agencies and employees for claims of negligence . For example:
- If you were injured in a car accident caused by a state police officers negligent driving, you could take him to court.
- Government agencies can be held liable for injuries sustained on their premises under certain circumstances.
- A doctors misdiagnosis of a military serviceman or service woman could lead to a military medical malpractice or wrongful death claim.
The passing of the FTCA and subsequent state claim acts marked the beginning of a new era of government accountability. However, sovereign immunity still exists in many forms today. Unless a claim is permitted by the FTCA or state law, the government is likely to be protected against a suit. Better understanding the FTCA and state exemptions will help you determine if you have a valid claim.
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California Pay Stub Lawsuits
A number of companies have been sued in California for failing to provide their workers with accurate wage statements. The lawsuits claim the paystubs were missing important information such as the total number of hours worked and hourly pay rates and that this violates state labor law.
Attorneys are investigating whether the countrys largest banks are providing their client associates with proper overtime pay and, if not, whether class action lawsuits can be filed.
Attorneys are investigating whether prison guards are being paid properly and whether class action lawsuits could help these employees recover any unpaid wages.
Class action lawsuits are being filed alleging some companies have enacted illegal policies that require workers to submit to daily health screenings without pay.
The Legislature Has Power To Waive Immunity
As previously mentioned, the legislature holds the keys to any waiver of immunity. So while the Georgia Constitution provides that the legislature may waive immunity for any of its officers or employees of the state, its departments or its agencies the legislature has not yet done soat least fully.
Rather, the state of Georgia, pursuant to the Georgia Tort Claims Act, has waived immunity in a much narrower sense and only as to claims against the State of Georgia and any of its offices, agencies, authorities, departments, commissions, boards, divisions, instrumentalities, and institutions, but not as to claims against counties, municipalities, school districts, other units of local government, hospital authorities, or housing and other local authorities.
Further, liability of such entities and employees is limited in the degree to that of any private business or person under the same circumstances. )
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How Do You Start A Class Action Lawsuit
To start a class action lawsuit, your personal injury lawyer will file a claim with the court. In your claim, your attorney will formally request that the court certifies the potential claimants in your case as being their own class. Once that happens, other injured parties will be free to join your claim.
At Ben Crump Law, PLLC, we can help you fight back against big and powerful companies, citizens, or local governments. You do not need to feel intimidated by the class action process. To see how Ben Crump Law, PLLC can help you, reach out to a member of our team today for your free case review.
Charge Filing And Notice Of Right
If you plan to file a lawsuit under federal law alleging discrimination on the basis of race, color, religion, sex , national origin, age , disability, genetic information, or retaliation, you first have to file a charge with the EEOC .
We will give you a Notice of Right to Sue at the time the EEOC closes its investigation. You may also request a Notice of Right to Sue from the EEOC office investigating your charge if you wish to file a lawsuit in court before the investigation is completed . This notice gives you permission to file a lawsuit in federal or state court.
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Silicone Breast Implants $34 Billion
In the mid-1990s, producers of silicone gel breast implants agreed to resolve claims that they had exposed women to autoimmune and connective tissue disorders. The manufacturers group, led by Dow Corning, initially settled for $4.75 billion, but the settlement collapsed because the number of claims exceeded expectations, according to California Law Review. The remaining manufacturers, including Bristol-Myers Squibb, ultimately settled for $3.4 billion, and Dow Corning resolved its claims in bankruptcy court.
Delivery/courier Van Driver Unpaid Overtime
If you’re a home delivery or courier van driver who wasn’t paid overtime, ClassAction.org wants to hear from you. There’s a provision of federal labor law that basically says if you’re driving a vehicle for work that’s less than 10,000 pounds, you should be getting overtime.
A lawsuit has been filed alleging DHL delivery drivers havent been paid properly. Attorneys are investigating whether more lawsuits can be filed.
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Second And Subsequent Case Management Hearings
Case management hearings are integral to the effective and efficient management of a class action. The Court expects that parties will consider and discuss with the other parties the “case management imperatives” ), and the additional specific imperatives set out in Part 7 of the Class Actions Practice Note prior to the relevant case management hearing.
Class Action Fairness Act
The Class Action Fairness Act requires parties who propose federal class action settlements to give notice of their proposed settlement to the U.S. Attorney or appropriate federal official and “appropriate state officials.” If the defendant is not licensed by a state agency, the “appropriate state official” is the Attorney General.
Please send the CAFA Notice to the Massachusetts Attorney General by addressing it to:
Office of Massachusetts Attorney General Maura HealeyATTN: CAFA Coordinator/General Counsel’s OfficeOne Ashburton PlaceBoston, MA 02108
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The Private Securities Litigation Reform Act Securities Class Actions
The Private Securities Litigation Reform Act of 1995 encouraged institutional investors to participate as lead plaintiffs in securities class actions “to shift the balance of power between shareholders and class action lawyers by allowing investors with the most substantial losses to take control over” the case. Approximately forty percent of securities fraud cases have a public pension fund or labor union fund lead plaintiff. Since the passage of the PSLRA, institutional investors rely on portfolio monitoring services offered by plaintiff class action law firms to identify “loss recovery opportunities.”
In 2018, Institutional Shareholder Services recorded 136 approved settlements in North America and $6.1 billion in settlement funds for distribution. U.S. public corporations’ exposure to securities class actions that allege violations of the federal securities laws under Section 10 and 20 of the Securities Exchange Act of 1934 amounts to “approximately one quarter of a percentage point of the aggregate market capitalization of U.S.-based corporations.”
U.S. corporate exposure to alleged violations of Rule 10b-5 of the Exchange Act amounted to $135.1 billion during the second quarter of 2019. U.S. Corporate exposure to alleged violations of Rule 10b-5 of the Exchange Act amounted to $68.4 billion in 3Q 2019. U.S. Corporate exposure to alleged violations of Rule 10b-5 of the Exchange Act amounted to $321.1 billion in full year 2019.
