I am one of the those personal injury lawyers who doesn’t win every case. The loss in Kohl v. United States of America is particularly difficult. First, we have a wonderful client who I truly believe has a valid claim. Second, the opinion in this case makes it very difficult…
The Federal Tort Claims Act does not permit a mother who was mistakenly told that her son (a solider ) was dead to sue for emotional distress. Ms. Nabjur sent her son a letter and it was returned with a red stamp bearing the word "DECEASED." (Isn’t that nice?). The…
Judge Mays of the United States District Court in Memphis has dismissed a medical malpractice case filed against the United States under the Federal Tort Claims Act because the plaintiff did not file a certificate of good faith as required by T.C.A. Sec. 29-26-122. Judge Mays held that the federal…
It is not just the Tennessee Governmental Tort Liability Act that has a discretionary function exception – the Federal Tort Claims Act has one, too. This case – Navarette v. United States – discusses the exception and applies it to a case filed after a person fell off of a cliff at a…