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Physical Injury And The Misrepresentation Exception Of The Federal Tort Claim Act § 2680(H), Anon
Physical Injury And The Misrepresentation Exception Of The Federal Tort Claim Act § 2680(H), Anon
Washington Law Review
Plaintiff, operating a dragline while improving the channel of a small creek, struck and detonated a natural gas pipeline which was shown on Government site plans to be located outside the work area. Plaintiff sued the United States under the Federal Tort Claims Act to recover for his personal injuries. Defendant moved to dismiss for failure to state a claim upon which relief could be granted, contending that the case was bottomed on misrepresentation and therefore excluded from the Federal Tort Claims Act, 28 U.S.C. section 2680(h). The United States District Court for the Northern District of Mississippi granted Defendant's …
Physical Injury And The Misrepresentation Exception Of The Federal Tort Claim Act § 2680(H), Anon
Physical Injury And The Misrepresentation Exception Of The Federal Tort Claim Act § 2680(H), Anon
Washington Law Review
Plaintiff, operating a dragline while improving the channel of a small creek, struck and detonated a natural gas pipeline which was shown on Government site plans to be located outside the work area. Plaintiff sued the United States under the Federal Tort Claims Act to recover for his personal injuries. Defendant moved to dismiss for failure to state a claim upon which relief could be granted, contending that the case was bottomed on misrepresentation and therefore excluded from the Federal Tort Claims Act, 28 U.S.C. section 2680(h). The United States District Court for the Northern District of Mississippi granted Defendant's …
Recovery By Federal Prisoners Under The Federal Tort Claims Act, Frank J. Woody
Recovery By Federal Prisoners Under The Federal Tort Claims Act, Frank J. Woody
Washington Law Review
May a federal prisoner, who has been injured due to the negligence of a federal employee while incarcerated in a federal prison, recover from the United States under the Federal Torts Claims Act?'
United States Held Liable Without Proof Of Negligence Under The Federal Tort Claims Act, Gordon G. Conger
United States Held Liable Without Proof Of Negligence Under The Federal Tort Claims Act, Gordon G. Conger
Washington Law Review
In Hess v. United States, the Government was held liable for the death of a workman who was participating in the repair of the Bonneville Dam on the Columbia River, though the district court found that the Government was in no way negligent.
The Federal Tort Claims Act: A Proposed Construction Of The Discretionary Function Exception, Cornelius J. Peck
The Federal Tort Claims Act: A Proposed Construction Of The Discretionary Function Exception, Cornelius J. Peck
Washington Law Review
The purpose of this article is a limited one. It contains no suggestions for a broad statutory scheme for distributing all the burdens and costs of government. Its purpose is to suggest no more than a workable and just construction for the discretionary function exception of the statute. For the greatest part, the suggestion is no more than what the legislative history of the exception suggests—that the courts take note of the special problems of determining the liability of the Government for torts and then proceed to decide the cases as they would have done if the exception were not …