application of the DFE to FTCA
, that being the seminal case United
A claim under the FTCA
is different from an ordinary tort action.
section] 2680(a) (2012) (setting forth exception to FTCA
for claims arising from exercise of discretionary duty).
But whether Congress, in rejecting Justice Department proposals and providing a FTCA
exemption, meant to ratify Bivens is open to doubt.
92) Both deceptive and unfair practice prohibitions appear in the FTCA
and have been defined in that context through the judicial process and enforcement actions.
60) Thus, on the majority's view, the FTCA
district court rejected the motion to dismiss filed by a defendant hotel conglomerate (Wyndham), challenging the FTC's authority to assert a data security claim under its enforcement authority pursuant to FTCA
The district court granted the government's motion to be substituted as the defendant on the ATCA claims and its motion to dismiss both the ATCA and the FTCA
Limiting the "Combatant Activities Exception" of the FTCA
However, for AMEDD healthcare providers, the FTCA
and the Army Tort Claims process in general can be a scary labyrinth of blame and licensure implications that may consume several years.
The real question in the case was whether the federal government can be held liable for a crime committed by its employees under the Federal Torts Claim Act, or FTCA
addressed under existing legal regimes such as the FTCA
, state unfair