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  • Suit Against The Government

  • Suit Against The Government

    Tort Litigation -- Generally

    Tort litigation against the Federal Government is under the general supervision of the Civil Division's Torts Branch. The Torts Branch has four different litigation offices or staffs, each of which specializes in a different area.

    The Aviation and Admiralty Staff handles claims arising out of the government's role as aircraft or ship owner and as regulator of both air traffic and the nation's coastal and inland waterways.

    The Constitutional and Specialized Torts Staff represents federal employees sued in their individual capacities for actions taken within the scope of their employment and handles matters arising out of claims under the Vaccine and Radiation Exposure compensation programs.

    The Environmental Torts (formerly Environmental and Occupational Disease Litigation) Staff handles property and personal injury cases involving toxic substances in the environment, the workplace, and government-owned housing.

    The Federal Tort Claims Act Staff handles all other tort claims, including traditional actions against the government for personal injury and property damage.

    Cases brought under the Federal Tort Claims Act may be the responsibility of any one of the four staffs, depending upon the subject matter. Although different categories of tort cases are the responsibility of the different staffs of the Torts Branch, many aspects of defending a federal tort lawsuit are common to all, or several, categories of tort cases. For example, many of the defenses available under the Federal Tort Claims Act may be equally applicable in aviation cases, general tort cases, and cases involving exposure to hazardous substances.

    Similarly, it is not uncommon for a single case to present alternative causes of action which cross the boundary between particular categories. For example, a single case will often include both a constitutional tort claim against individuals and a general tort claim against the government.

    In addition, some related contract issues may be handled by the Torts Branch, and, in some circumstances, cases may be the joint responsibility of the Torts Branch and other components of the Civil Division or other Divisions of the Department.

    This information came from a
    US DOJ online article.

    *** Any law, statute, regulation or other precedent is subject to change at any time ***

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