Federal Tort

Federal Tort

The Federal Tort Litigation Group seeks to provide a clearinghouse for information on how to best represent claimants.

Tort claims against the United States are set forth in a number of statutes: the Federal Tort Claims Act (FTCA), Military Claims Act (MCA), and Military Personnel and Civilian Employees' Claims Act (PCA), to name a few.

The Federal Tort Claims Act (FTCA) was enacted by the US Congress in 1946 to permit private parties to sue the United States in a federal court for most torts committed by persons acting on behalf of the U.S. 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."

The FTCA also exempts several intentional torts, although it exposes federal law enforcement officers to greater liability to torts such as assault, battery, and false imprisonment.

The Military Claims Act (MCA) compensates for personal injury, death, or property damage caused by activities of the federal government. Unlike the FTCA, the application of the MCA is worldwide. MCA claims are also limited to claims related to injury, death, or property damage caused by military personnel or civilian employees acting within the scope of their employment and claims related to injury, death, or property damage caused by noncombatant activities of a peculiarly military character.

The primary limitation of the MCA is that there is no right to sue if the claim is denied. Each service has developed regulations governing what claims may be paid. A claimant that is denied by the adjudicating authority has a limited right of appeal to the office of the Judge Advocate General for the service. The appeal must be filed within 30 days.

The Military Personnel and Civilian Employees' Claims Act (also called the Personnel Claims Act [PCA]), compensates service members and other federal employees for personal property that is lost, damaged, or destroyed incident to service. The PCA is limited to recovery for personal property damage that includes the loss, destruction, capture, or abandonment of personal property. Damage to real property (land, buildings, and permanent fixtures) is not covered, but may be compensated under the MCA. PCA applies worldwide. Only military personnel and civilian employees of the Department of Defense may recover compensation.

The Federal Tort Litigation Group will provide a database of document from prior action and cases and develop a database of settlement and judgments.
This Litigation Group was formed in May 2006.

The Group will conduct educational programs through the auspices of AAJ. The Group will have a list server through AAJ to post queries and distribute information. The Group will have a document library through the AAJ Exchange.

Meetings:

AAJ Winter and Annual conventions.

Membership:

Regular, Sustaining, Life, Leaders Forum, and President's Club members are welcome to join.

Dues:

$250/application fee, $100/annual dues