Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 1 of 1
Full-Text Articles in Law
Understanding The Limited Effect Of Moziof V. United States On Wrongful Death Damages Under The Federal Tort Claims Act, Cyrus B. Richardson Iii
Understanding The Limited Effect Of Moziof V. United States On Wrongful Death Damages Under The Federal Tort Claims Act, Cyrus B. Richardson Iii
Northern Illinois University Law Review
Congress excluded punitive damages from the damages available under the Federal Tort Claims Act (FTCA). As a result of this exclusion, damage calculations in wrongful death cases are often perceived to be confusing aspects of FTCA litigation. This confusion lies in the determination of which aspects of a state's wrongful death damage award are permitted by the FTCA and which are barred by the Act's punitive damage exclusion. However, in the 1992 FTCA personal injury case Molzof v. United States, the Supreme Court held that the FTCA's punitive damages exclusion bars only the recovery of what are legally considered to …