Federal Tort Claims Act: Difference between revisions
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The '''Federal Tort Claims Act''' or '''"FTCA"''', (June 25, 1948, ch. 646, Title IV, {{USStat|62|982}}, {{usctc|28|VI|171|pipe="28 U.S.C. Pt.VI Ch.171"}} and {{usc|28|1346(b)}}), is a statute enacted by the [[United States Congress]] in 1948. ''"Federal Tort Claims Act"'' was also previously the official short title passed by the Seventy-ninth Congress on August 2, 1946 as Title IV of the ''Legislative Reorganization Act'', 60 Stat. 842, which was classified principally to chapter 20 (§§ 921, 922, 931–934, 941–946) of ''former'' Title 28, ''Judicial Code and Judiciary''. |
The '''Federal ass Tort Claims Act''' or '''"FTCA"''', (June 25, 1948, ch. 646, Title IV, {{USStat|62|982}}, {{usctc|28|VI|171|pipe="28 U.S.C. Pt.VI Ch.171"}} and {{usc|28|1346(b)}}), is a statute enacted by the [[United States Congress]] in 1948. ''"Federal Tort Claims Act"'' was also previously the official short title passed by the Seventy-ninth Congress on August 2, 1946 as Title IV of the ''Legislative Reorganization Act'', 60 Stat. 842, which was classified principally to chapter 20 (§§ 921, 922, 931–934, 941–946) of ''former'' Title 28, ''Judicial Code and Judiciary''. |
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That Title IV of the ''Legislative Reorganization Act'' act of August 2, 1946 was substantially repealed and reenacted as sections 1346 (b) and 2671 et seq. of this title by act June 25, 1948, ch. 646, 62 Stat. 982, the first section of which enacted this title (Tort Claims Procedure).<ref name="LIIshortTitle">[http://www.law.cornell.edu/uscode/html/uscode28/usc_sec_28_00002671----000-notes.html 28 U.S.C. §2671, Additional Notes, "Short Title" Section] as found on the Legal Information Institute Online, Cornell University Law School</ref> |
That Title IV of the ''Legislative Reorganization Act'' act of August 2, 1946 was substantially repealed and reenacted as sections 1346 (b) and 2671 et seq. of this title by act June 25, 1948, ch. 646, 62 Stat. 982, the first section of which enacted this title (Tort Claims Procedure).<ref name="LIIshortTitle">[http://www.law.cornell.edu/uscode/html/uscode28/usc_sec_28_00002671----000-notes.html 28 U.S.C. §2671, Additional Notes, "Short Title" Section] as found on the Legal Information Institute Online, Cornell University Law School</ref> |
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Revision as of 20:57, 16 November 2010
The Federal ass Tort Claims Act or "FTCA", (June 25, 1948, ch. 646, Title IV, 62 Stat. 982, Expression error: Unrecognized word "v"./chapter-VI/subchapter-171 "28 U.S.C. Pt.VI Ch.171" and 28 U.S.C. § 1346(b)), is a statute enacted by the United States Congress in 1948. "Federal Tort Claims Act" was also previously the official short title passed by the Seventy-ninth Congress on August 2, 1946 as Title IV of the Legislative Reorganization Act, 60 Stat. 842, which was classified principally to chapter 20 (§§ 921, 922, 931–934, 941–946) of former Title 28, Judicial Code and Judiciary.
That Title IV of the Legislative Reorganization Act act of August 2, 1946 was substantially repealed and reenacted as sections 1346 (b) and 2671 et seq. of this title by act June 25, 1948, ch. 646, 62 Stat. 982, the first section of which enacted this title (Tort Claims Procedure).[1]
The FTCA permits private parties to sue the United States in a federal court for most torts committed by persons acting on behalf of the United States. The FTCA constitutes a limited waiver of sovereign immunity.
Limitations
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." 28 U.S.C. § 1346(b). The FTCA exempts, among other things, claims based upon the performance, or failure to perform, a "discretionary function or duty."[2] The FTCA also exempts a number of intentional torts.
The Supreme Court of the United States has limited the use of the FTCA in cases involving the military in the Feres doctrine.[3]
History
The Act was passed following the B-25 Empire State Building crash, where a bomber piloted in thick fog by Lieutenant Colonel William F. Smith, Jr. crashed into the north side of the Empire State Building. As NPR reported, "Eight months after the crash, the U.S. government offered money to families of the victims. Some accepted, but others initiated a lawsuit that resulted in landmark legislation. The Federal Tort Claims Act of 1946, for the first time, gave American citizens the right to sue the federal government."[4] Although the crash was not the initial catalyst for the bill, which had been pending in Congress for more than two decades, the statute was made retroactive to 1945 in order to allow victims of that crash to seek recovery.[5]
See also
- Texas City Disaster (1947), which was the first failed lawsuit using the FTCA.
- United States v. Stanley (1987)
- United States Claims Court
References
- ^ 28 U.S.C. §2671, Additional Notes, "Short Title" Section as found on the Legal Information Institute Online, Cornell University Law School
- ^ 28 U.S.C. § 2680(a)
- ^ 340 U.S. 135
- ^ "The Day A Bomber Hit The Empire State Building". National Public Radio. Retrieved 2008-07-28.
{{cite news}}: Cite has empty unknown parameter:|coauthors=(help) - ^ State Ins. Fund v. United States, 346 U.S. 15 (1953), pp.24-30
- Ballentine's Law Dictionary, p. 193.