(169) See Pfander & Batlmanis, supra note 15 (legislative history of the FTCA
evinces congressional opinion that Bivens and FTCA
claims are "parallel and complementary" for ensuring rights).
regulations state that any claim based on death may be presented by the executor or administrator of the decedent's estate, or by any other person legally entitled to assert such a claim in accordance with applicable state law.
waives sovereign immunity for negligence suits involving
Although the FTCA
is a federal law, and these cases are tried in federal court, the substantive law of the state applies.
discretionary-function exception of the FTCA
, (33) the Louisiana Supreme
Court expressed that even assuming (without deciding) that all overseas diplomatic housing should receive the same treatment under the FTCA
as a United States embassy, Galvin and Pellegrin's argument cannot be squared with precedent in the decision of Macharia v.
Bureau of Prisons (BOP) employee who managed the halfway house, alleging violations of his right to free speech, and asserting claims for false arrest, false imprisonment, and negligence under the Federal Tort Claims Act (FTCA
In addition to Bivens relief, litigants can also seek relief from the federal government under the FTCA
. (162) The FTCA
establishes exclusive federal district court jurisdiction and waives sovereign immunity in actions against the United States:
In essence, my thesis starts elsewhere, with the discretionary function exception to the Federal Tort Claims Act (FTCA
), and the idea that the federal government should not face civil liability for how its officers choose among different available courses of lawful conduct, even if negligence results.
Injured parties are asked to file these claims under the Federal Tort Claims Act (FTCA
) using a standard government form to report itemized bodily injury and property damage costs.
The court, while presuming that Williams meant to engage the Federal Trade Commission Act (FTCA
) because there is no statute titled "Federal Consumer Protection Law," added that even were this the case, the FTCA
does not allow for a private right of action (Williams v.
(45) While the Federal Trade Commission Act ("FTCA
") and Dodd-Frank apply to a broader category of financial service providers, (46) the FDCPA applies specifically to third-party debt collectors.