Medicaid: Recipients deserve equal treatment Mar 4, 2008
In an editorial last week, we suggested that the Legislature adopt Senate Bill 2998 to bring physicians who treat Medicaid patients under the state's Tort Claims Act ... It says it would simply "revise" the "definition of employee," under the Tort Claims Act, to include "physicians, nurse practitioners and physicians' assistants while rendering services to a patient who is eligible for (Medicaid).". (The Clarion-Ledger)
Senate restricts Medicaid lawsuits Feb 28, 2008
Under the Senate legislation, private physicians would be provided immunity under the Mississippi Tort Claims Act - or MTCA - which controls all negligence suits brought against the state or local governments and public officials. MCTA, which currently covers doctors at public institutions like the University of Mississippi Medical Center, limits damages in medical malpractice suits to $500,000. (The Clarion-Ledger)
Appeals court rules in wrongful prosecution case Feb 2, 2008
Former County Attorney Dave Richter and his assistant Joseph Hrvol argued that they were immune from liability under the state's Iowa Tort Claims Act, which protects state employees acting within the scope of their job. Wilber also sought immunity. (Muscatine Journal, IO)
Justices rule against Muslim inmate Jan 23, 2008
The issue in the case was whether federal prison guards are immune from suit under the Federal Tort Claims Act. The law blocks lawsuits against the government over goods detained by customs and excise officers or "any other law enforcement officer." Two lower federal courts said Ali cannot sue because prison officials are law enforcement officers. (MSNBC -- Politics)
Court rules against inmate in lost Quran case Jan 23, 2008
The 5-4 decision clears up conflicting rulings by lower courts over whether the Federal Tort Claims Act (FTCA) allows prisoners to sue for the negligent handling of property. Abdus-Shahid M.S. Ali left two duffle bags containing his belongings at a federal prison in Atlanta as he was being transferred in 2003 to the Big Sandy penitentiary in Inez, Ky. (USA Today -- News)
Oregon high court upholds right to sue doctors at OHSU Dec 30, 2007
But a trial judge named OHSU as the sole defendant under the Oregon Tort Claims Act, which caps claims against OHSU at 200,000. The Oregon Court of Appeals rejected that decision, saying it violates a constitutional guarantee that every man shall have remedy by due course of law for injury done him in his person, property, or reputation. (Coos Bay-North Bend The World, OR)
How to not get suedTown Council gets lesson in risk prevention Dec 1, 2007
These days, a city can be sued under the Tort Claims Act, Title 59 N.J. (torts are wrongful acts, including negligence) which accounts for 66 percent of all claims, civil rights claims amounting to 28 percent, and environmental at 6 percent. Grubb said that general liability under Title 59 provisions means that a city will likely be liable for a hazard that causes permanent injury, and "action or inaction must be palpably unreasonable," or as Grubb said, it should be "a risk that no rational... (Hoboken Reporter, NJ)
Colombians Sues Chiquita for Paying Terror Group Nov 15, 2007
86 billion in damages under the Alien Tort Claims Act, which allows foreigners to sue in U.S. courts for alleged human rights abuses abroad. The lawsuit accuses Chiquita of abetting atrocities including terrorism, war crimes and crimes against humanity. (Fox News)
Federal Judge Lets Abu Ghraib Suit Against Government Contractor Go Forward Nov 13, 2007
Robertson also dismissed claims linked to the Alien Tort Claims Act, which permits foreign nationals to sue American individuals or firms that have violated international law and, as a result, caused injury or harm. But Robertson allowed claims of assault and battery, wrongful death and the intentional infliction of emotional distress to go forward against CACI.. (Law.com)
New T. Don Hutto contract gives county more funds Nov 1, 2007
Scott Medlock, Prisoners' Rights Attorney for the Texas Civil Rights Project in Austin, told commissioners at Tuesday's meeting that while the contract claims to efend and hold harmless the county under the Texas Tort Claims Act, it will not protect them under federal law. The county could be held liable if a court finds that the policy or practice of the facility deprives a person of their civil rights and privileges under federal law, according to Assistant County Attorney Dale Rye. (Taylor Daily Press, TX)
Missing Quran Oct 31, 2007
In the Supreme Court, the question is whether federal prison officials qualify as law enforcement officers under the Federal Tort Claims Act of 1946 and are therefore exempt from suit. The statute bars liability claims against customs and excise officers or "any other law enforcement officer" involved in detaining property. (Yahoo News -- Politics)
Supreme Court Argument Report: The Tail of the Dog Oct 30, 2007
The second argument of the day, Ali v. Federal Bureau of Prisons, involved an issue that has split 10 federal Circuit Courts of Appeal 6-4: whether sovereign immunity under the Federal Tort Claims Act exempts from liability correctional officers who illegally take, lose or damage a prisoner's property. Federal prisoner Abdus-Shahid Ali, who found that some of his personal property was missing after his move from one prison to another, filed an FTCA suit against the correctional officers for... (Law.com)
Missing Koran Case Sets High Court on Guessing Game Oct 30, 2007
The case, Ali v. Federal Bureau of Prisons, called into question the extent to which federal correctional officers are subject to lawsuits under the Federal Tort Claims Act (FTCA), which holds that a customs or "any other law enforcement" officer is immune from prosecution. Abdus-Shahid M.S. Ali was an inmate at the federal penitentiary in Atlanta prior to his December, 2003 transfer to the federal prison in Inez, Ky. (Fox News)
Pirate Law to Defend Human Rights Oct 17, 2007
The lawsuits against both Bolivians (and against Marcos) use a centuries-old law, the Alien Tort Claims Act, adopted in 1789 to make pirates pay compensation for their pillaging. Nearly 200 years later, in 1979, human rights advocates began using the act to protect those killed or tortured anywhere in the world. (Time.com)
Law is clear: Blackwater is not above it Oct 16, 2007
The legislation which can be used for this purpose includes the 1996 War Crimes Act, the Patriot Act, the Alien Tort Claims Act (which has already been used for a law suit filed against Blackwater for the Septenber16 shootings) the 1994 federal anti-torture statute, and the Military Extraterritorial Jurisdiction Act (MEJA). The MEJA has been criticized on the grounds that it applied only to contractors working for the US Department of Defense. (Asia Times Online)
Working under apartheid comes to haunt large U.S. companies Oct 15, 2007
Those who sued, including people who were tortured or relatives of those killed, invoked the U.S. Alien Tort Claims Act, a 200-year-old law that lets U.S. courts hear suits by noncitizens claiming violations of international law ... The judges agreed that "aiding and abetting" liability applies to companies under the Alien Tort Claims Act ... Though other U.S. judges have ruled that "aiding and abetting" liability applies to companies doing business in the United States, the New York court has... (International Herald Tribune -- Business Asia)
* US appeals court reinstates apartheid class-action case Oct 14, 2007
It reinstated claims brought under the Alien Tort Claims Act, an obscure 1789 law originally enacted to prosecute pirates. The law has been used since 1980 by Holocaust survivors and relatives of people tortured or killed under despotic foreign regimes. (Taipei Times, Taiwan -- World)
Trade and Security Trump Democracy in Burma Part II Oct 13, 2007
Representing a group of Burmese civilians who preferred anonymity for safety reasons, the Washington-based International Labor Rights Forum sued Unocal in the United States under the Alien Tort Claims Act, which allows any litigant, even a non-American, to sue a multinational company for a tort that violates the law of nations or any US treaty, even if that act was committed outside the US. Unocal, accused of using forced labor in Burma, did not admit wrongdoing, but settled the case out of... (YaleGlobal Online Magazine, CT)
Judge Orders Murtha to Testify in Haditha Defamation Case... Sep 30, 2007
The statute involved is the Federal Tort Claims Act and what is called a "Westfall Certification" regarding scope of employment. Judge Collyer's ruling was entirely consistent with prior rulings, including the Ballenger case you referenced, where discovery was first permitted before a final decision was issued as to whether the challenged comments were made within a federal employee's scope of employment. (The Drudge Report)
CPU stipulates what goes into bid accord Sep 27, 2007
CPU Board Chairman Melville Tillis said in a letter to Boyett that, subsequent to the bid opening on Sept. 17, the CPU commission had received a document "purportedly to be signed by CPUC indemnifying TPS McAdams." The letter stated that the CPUC is liable to others for negligence of its employees and agents "only to the extent of the Mississippi Tort Claims Act." Priest said it would take 4-5 people to transport the equipment from Kosciusko to Clarksdale. Priest said 16-foot trailers would be... (Clarksdale Press Register, MS)
Companies Behaving Badly: The Sad Story of a U.S. Firm's Colombia Mine Aug 31, 2007
The State Department's top legal adviser at the time, William H. Taft IV, said as much in 2004, when asked to comment in on an Alien Tort Claims Act (passed in 1789) lawsuit against Occidental Petroleum Corp, the same statute that provided a basis for a more recent case against Drummond. He wrote that the lawsuit could result in "reduced U.S. investment, particularly in the oil and other extractive industries, [which] could harm Colombia's economy in several ways... downturns in Colombia's... (New Republic)
Exiles' Lawsuit Shines Light On Past Abuses Aug 25, 2007
O'Brien argued that the case can be heard in U.S. federal court by virtue of the Torture Victim's Statute and Alien Tort Claims Act, which allows U.S. courts to try human rights cases even when neither party has any connection to the United States. The other Mauritanian plaintiffs include Mansour Mohammed Kane, a former lieutenant of the Mauritanian army in 1990. (allAfrica.com)
Suing Multinationals Over Murder Aug 3, 2007
Those other cases, like the one against Drummond, rely on a law that dates back to 1789 known as the Alien Tort Claims Act (ATC). The law was originally intended to deal with piracy, as well as to provide a way for foreigners, such as an ambassador posted in Washington, to seek legal redress for injury in the U.S. before it triggered an international incident. (Time.com)
Mother to appeal drowning lawsuit dismissal Jul 31, 2007
"The injuries suffered by this unfortunate child simply fall into a netherworld of non-coverage, at least under the Iowa Tort Claims Act," he wrote. Griffen's attorney, Pressley Henningsen of Cedar Rapids, couldn't be reached for comment but he filed a notice of appeal to the Iowa Supreme Court. (Waterloo-Cedar Falls Courier)
Framed by the feds Jul 28, 2007
Gertner called the government's position "absurd." The question now is whether the US Justice Department will drag out its clown show by either pursuing an appeal or attempting to whittle down the judgment, which may be a record award for a suit under the Federal Tort Claims Act. If federal law enforcement has learned anything from this case, they will apologize to the parties and pay the judgment. (Boston Globe)
US firm cleared of Colombia murders Jul 28, 2007
Relatives and the union, Sintramienergetica, filed the action under the 218-year-old Alien Tort Claims Act after the slayings. Brutal slayings Valmore Locarno, the local union president at Drummond's open surface mine and Victor Orcasita, another union official, were pulled off a company bus and shot to death in March 2001. (Aljazeera.Net)
US ordered to pay $101.7m in false murder convictions Jul 27, 2007
She found that the government, which was sued under the Federal Tort Claims Act, was liable for the malicious prosecution of the four men, civil conspiracy, intentional infliction of emotional distress, and negligence. After all four men were convicted July 31, 1968, of Deegan's slaying, Greco, Limone, and Tameleo were sentenced to die in the electric chair. (Boston Globe)
Hilton: It’s time to check out 07-22-2007 Jul 23, 2007
Even so, liability would be limited to $250,000 by the state tort claims act. Any city employee hurt on the property would be covered by workers compensation. (Plainview Daily Herald, TX)
Colombians sue Chiquita over alleged militia ties Jul 20, 2007
The suit was filed under the Alien Tort Claims Act, which allows residents in other countries to sue for human rights abuses committed by U.S. entities. Copyright 2007. (CNN -- World)
Letters to the Editor Jul 19, 2007
A lawsuit filed in the U.S. against Rio Tinto under the Alien Tort Claims Act alleges Rio Tinto improperly dumped mine waste that killed fish stock and increased cases of upper respiratory infections and asthma among islanders -- a majority of whom engage in some form of subsistence farming or fishing. It is undisputed that the proposed Pebble project lies in the heart of some of the best salmon and trout fishing in the world. (Anchorage Daily News)
N.J. Ethics Panel Finds Judge Abused Office by Interceding in Son's Dispute, Urges Censure Jul 13, 2007
Larkin, the teenager who clashed with the justice's son, filed a notice under the Tort Claims Act on June 25, seeking $500,000 for damage to his reputation, emotional distress and injury to his college admissions prospects, all allegedly caused by the criminal case. At a hearing last Dec. 15, Larkin and Rivera-Soto's son stipulated that they would avoid contact with each other and that the charges would be dropped if there were no other problems through the end of the school year. (Law.com)
Ala. jury hears Colombia killings case Jul 12, 2007
The federal lawsuit is believed to be the first to go to trial against a U.S. company under the Alien Tort Claims Act, which dates to 1789 and lets foreigners sue U.S. corporations for their conduct abroad. In his opening statement, Drummond Ltd. attorney Bill Jeffress denied plaintiffs' claims that the company was tied to paramilitary forces. (Anchorage Daily News)
Drummond Murder Trial Tests U.S. Law Used Against Occidental, Del Monte Jul 10, 2007
This is the very first trial of any corporation on the merits for human rights violations under the Alien Tort Claims Act,'' said attorney Terry Collingsworth of the ILRA. ``It would have a tremendous deterrent effect on other companies to be able to show they will be brought to justice if they commit egregious human rights violations. . (Bloomberg -- Latin America)
Henry wraps up action on 2007 legislation Jun 9, 2007
The bill Henry vetoed on Thursday, House Bill 1930, would have included certain doctors who contract with the Oklahoma Health Care Authority under the Governmental Tort Claims Act. Henry said in a veto message that the legislation. (Bartlesville Examiner-Enterprise, OK)
Boeing unit to face suit in CIA seizures May 30, 2007
The civil suit is to be filed in San Jose, California, under the Alien Tort Claims Act of 1789. This law specifies that U.S. government agencies and U.S. corporations can be held responsible for human rights abuses against foreigners resulting from activities in a foreign country. (International Herald Tribune)
Yahoo Sued For Aiding Chinese Dissident Arrest Apr 20, 2007
The suit was charged under the U.S. Alien Tort Claims Act and the Torture Victim Protection Act and demands that Yahoo cease to grant Chinese government request to track down Internet users. According to Morton Sklar of the World Organization for Human Rights, four other journalists and human rights advocates are imprisoned in China due to Yahoo's cooperation with authorities. (All Headline News)
* Political prisoner sues Yahoo for helping China Apr 20, 2007
MILESTONE: Filed under the Alien Tort Claims Act and the Torture Victims Protection Act, the lawsuit is believed to be the first of its kind against an Internet company NY TIMES NEWS SERVICE, SAN FRANCISCO Friday, Apr 20, 2007, Page 5 ... The lawsuit, filed under the Alien Tort Claims Act and the Torture Victims Protection Act, is believed to be the first of its kind against an Internet company for its activities in China ... The Alien Tort Claims Act, enacted in 1789, lets foreigners sue in US... (Taipei Times, Taiwan -- World)
Yahoo sued for revealing user info Apr 20, 2007
The suit filed under the auspices of the US Alien Tort Claims Act and the Torture Victim Protection Act names Chinese internet search engine Alibaba as a defendant along with Yahoo's operations in China and Hong Kong. The suit calls on the court to order Yahoo to stop cooperating with requests by China to identify internet users and to pressure the government there to release Wang and others imprisoned as the result of such shared information. (iAfrica.com)
Chinese political prisoner sues Yahoo, saying it helped identify dissidents Apr 19, 2007
The suit, filed under the Alien Tort Claims Act and the Torture Victims Protection Act, is believed to be the first of its kind against an Internet company for its activities in China ... The Alien Tort Claims Act, enacted in 1789, lets foreigners sue in American courts for fundamental violations of international law, like torture and genocide. (International Herald Tribune -- Technology)
U.S. Court of Appeals Again Sides With Plaintiffs in Rio Tinto Alien Tort Claims Case Apr 17, 2007
Under the Alien Tort Claims Act, foreign nationals can bring suit in the United States against companies that violate international law ... "Now that the court has rejected Rio's arguments for a second time in a similarly unambiguous way, we hope this case can move forward." The court also ruled that war crimes, crimes against humanity and racial discrimination are such universally recognized norms that they can be heard under the Alien Tort Claims Act. (PR Newswire)
Payoffs to Colombian terrorists scrutinized Apr 16, 2007
The Labor Rights Fund filed the lawsuits against Drummond and Coca-Cola under the U.S. Alien Tort Claims Act and the Torture Victim Protection Act, which allows victims to sue in U.S. courts for human rights violations committed anywhere in the world. In 1996, paramilitary fighters entered a Coca-Cola bottling plant, Bebidas y Alimentos, in Antioquia owned by Key Biscayne resident Richard Kirby and assassinated a union leader, Isidro Gil. (The Miami Herald)
Doc may have removed wrong testicle. Apr 10, 2007
The claim was filed on Aug. 8 under the Federal Tort Claims Act. If it is denied, Houghton can sue the government in a federal court, Friery said. (Atlanta Journal-Constitution)
Jury awards Reed $81K Mar 24, 2007
On Monday, Reed's attorneys and those representing the city of Greenwood will meet with Pepper concerning Reed's request for damages under the state's Tort Claims Act against the city ... The maximum amount of damages permitted under the Tort Claims Act is $500,000. (Greenwood Commonwealth, MS)
State secrets abuse (Bruce Fein) Mar 14, 2007
Their widows sued the United States for alleged negligence under the Federal Tort Claims Act. They sought discovery of the Air Force's accident report and companion materials. (Washington Times, DC)
Supreme Court declines to hear Pike County suit Dec 2, 2006
The MDWFP said it was protected from the lawsuit by the Mississippi Tort Claims Act, which controls all lawsuits for negligence brought against the state or local governments and public officials. The law puts limits on damages that can be sought against a governmental body. (Enterprise-Journal)
Trial to weigh cost of being framed Nov 13, 2006
The suit was filed under the Federal Tort Claims Act, which does not allow a jury trial. The trial, expected to last four to six weeks, will be heard by US District Judge Nancy Gertner. (Boston Globe)
Oregon high court to hear case on government liability Oct 8, 2006
By substituting itself for the defendants, OHSU limited its liability to $200,000 under the Oregon Tort Claims Act. The law limits jury awards for economic and noneconomic damages against agencies to $100,000 in each category, and to a total of $500,000 in cases involving death. (KGW Northwest NewsChannel 8, OR -- Business)
Will Federal Government Be Target Of Lawsuits After Comair Crash? Sep 20, 2006
"In a case like this where the claim would essentially be negligence, negligent performance of a duty, the federal tort claims act provides that the federal government can be sued," said Chase College of Law professor Ken Katkin. Experts also say it is likely that the surviving co-pilot will be named in lawsuits. (FOX19.com, OH)
Jewish families say loved ones simply disappeared Sep 11, 2006
It was filed under the Torture Victims Protection Act and Alien Tort Claims Act, which date to a time when U.S. courts were perceived as a forum for when there's injustice and the oppressed are not allowed to seek justice in their own lands. "The first goal is to try to raise public awareness and put pressure on Iran to release (the family members)," a spokesman for Jerusalem attorney Nitsana Darshan-Leitner told WND.. (WorldNetDaily)
Iranian Jews Sue Former Iranian President At U.N. Sep 10, 2006
The plaintiffs are suing under the Alien Tort Claims Act and the Torture Victim Protection Act, special laws that allow non-U.S. citizens to sue in American courts, according to one of their lawyers, Nitsana Darshan-Leitner, who is in Jerusalem. The lawsuit seeks an unspecified amount of compensation. (CBS New York, NY)
Court: Wife of Bulger victim cannot sue Sep 8, 2006
Today's Globe Opinion Politics Magazine Education Science NECN Special reports Obituaries. NEW ENGLAND IN BRIEF. (Boston Globe -- Local)
Islanders Win Appeal in Claim Against Rio Tinto Aug 8, 2006
Under the Alien Tort Claims Act, foreign nationals can bring suit in the United States against companies that violate international law. Rio Tinto's subsidiary, US Borax Inc., has headquarters in Los Angeles. (Planet Ark, United States)
Court reinstates Rio Tinto lawsuit in U.S. Aug 8, 2006
The case is being brought under the Alien Tort Claims Act, an obscure 1789 U.S. statute that grants overseas victims of atrocities access to American courts to sue for damages ... A Los Angeles judge threw out the suit in 2002, ruling that the Alien Tort Claims Act did not allow the lawsuit and siding with the U.S. government, which said it could undermine the peace process in Papua New Guinea. (Fresno Bee -- State)
New suit filed in Janklow case Jul 18, 2006
But it was determined that since Janklow was on official business, he was protected from any monetary claims by the Federal Tort Claims Act. The law safeguards on-duty federal employees from negligence claims. (Bakersfield Californian -- Politics)
U.S. sued for Janklow's act Jul 16, 2006
Meshbesher filed an earlier lawsuit against Janklow that was dismissed on the grounds that Janklow could not be sued because he was protected by the Federal Tort Claims Act, which protects federal employees from negligence claims when they are on duty. The new lawsuit, which names only the U.S. government, said that Janklow was acting as a member of the U.S. House at the time of the accident. (Rapid City Journal, SD)
Court rules: OHSU doctors can be sued Jul 7, 2006
But OHSU asked the trial court to name it the sole defendant in the case to protect doctors and nurses under the Oregon Tort Claims Act, which caps claims against OHSU at 200,000 ... OHSU officials issued a statement saying the university was pleased the appeals court confirmed that OHSU which became an independent public corporation in 1995 was protected under the Oregon Tort Claims Act. (Albany Democrat-Herald, OR)
GREENHOUSE: With Roberts at the Helm, a Supreme Court in Flux... Jul 2, 2006
The majority opinion by Justice Kennedy in this case, Dolan v. United States Postal Service, No. 04-848, was based on an interpretation of the Federal Tort Claims Act, not on the Constitution. Justice Thomas dissented, and Justice Alito did not participate. (The Drudge Report)
Employers get turn in cross hairs Jun 20, 2006
Worker database, tougher sanctions top Congress' list of ways to keep illegal immigrants from getting jobs. 11:48 AM MST on Monday, June 19, 2006. (FOX 11, AZ)
Slave Chocolate? Jun 15, 2006
The action was brought under two federal statutes, the Torture Victim Protection Act and the Alien Tort Claims Act, which allow victims of human rights abuses who live outside America to sue U.S. companies for violations of international law. The suit also charges Nestl. (Forbes)
Trial starts today in suit linked to Bulger Jun 5, 2006
They fought so hard for us not to get our day in court, for the truth not to come out," said McIntyre's brother, Christopher. He said it is a victory for him and his mother, Emily, just to have a trial on their suit, no matter what the outcome is.Ten of the 17 cases that have been brought against the government by alleged Bulger victims or their relatives were dismissed on grounds that they were filed too late. The rest are pending.Flemmi, who struck a deal with the government that spared him... (Boston Globe)
The FBI Knocked Over My Barn : May 26, 2006
You can take the government to court under the Federal Tort Claims Act if they try to lowball you on your claim. Families that get really screwed and have to move out of their homesafter a police raid with tear gas, for examplesometimes get housing assistance from special government funds or the American Red Cross. (Slate)
Former FBI agent hired to probe Fiocco’s death May 24, 2006
"He said he didn t want to say or do anything to prejudice the investigation.Asked to comment on the future of the case, Zeitz said, "Under the N.J. Tort Claims Act, if I have to file a Tort Claims Notice (of an impending lawsuit), I have to file that within 90 days of the date of his disappearance (March 25) or the date we have reason to believe he met his demise. "He said he s hoping State Police will "have some answers in the foreseeable future. (The Trentonian, NJ)
Your Image In Court May 10, 2006
Meanwhile, corporate lobbies are working in Washington to gut Collingsworth's primary legal handle, the 18th-century Alien Tort Claims Act that gives U.S. courts jurisdiction over international acts of piracy, genocide and torture. Some of the companies Collingsworth goes after first try to pay him to go away, he says. (Forbes)
High court: Injured woman can sue Postal Service Feb 23, 2006
Dolan sued under a law known as the Federal Tort Claims Act, which makes federal workers liable for certain injuries they cause through negligence. Lower federal courts dismissed her case, saying that her complaint fell under an exemption in the law for claims "arising out of the loss, miscarriage or negligent transmission" of mail. (USA Today -- Politics)
Apartheid business verdict goes to US appeal court on Tuesday Jan 22, 2006
The Khulumani lawsuit is based on common law principles of liability and on the US's Alien Tort Claims Act, which grants American courts jurisdiction over certain violations of international law, regardless of where they occur. "This complaint seeks to hold those businesses that aided and abetted the apartheid regime responsible for the wrongs they made possible," Jubilee said in its statement. (Business Report, South Africa)
