Beck v. United States, 2025 U.S. LEXIS 4480 (November 24, 2025) Judges: Roberts, Thomas, Alito, Sotomayor, Kagan, Gorsuch, Kavanaugh, Barrett, Jackson. This case is a discussion of the petition of writ of Certiorari which was denied. Justice Gorsuch would grant the petition. Justice Sotomayor wrote a short decision. She notes that as her colleagues explain, […]
Tag: Federal Torts Claims Act
WESTFALL ACT – FEDERAL TORT CLAIMS ACT – GOVERNMENT EMPLOYEES – SOVEREIGN IMMUNITY – AGENCY OF THE GOVERNMENT – SCOPE OF EMPLOYMENT
Giordano v. Hohns, 2025 U.S. App. LEXIS 30115 (November 18, 2025) Krause, Circuit Judge. Judges: Before: KRAUSE, BIBAS, and SCIRICA, Circuit Judges. Given the wide range of federally affiliated programs in the United States, it is not always clear who counts as a federal employee, but that status can make a world of difference when […]
FEDERAL TORT CLAIMS ACT – NEGLIGENT TRANSMISSION OF PSR – FAILURE TO CORRECT
Freeman v. Unit Manager J. Lincalis, 2025 U.S. App. LEXIS 28298 (October 29, 2025) Roth, Circuit Judge. Judges: Before: MATEY, FREEMAN and ROTH, Circuit Judges. Rocky Freeman was tried for two murders but was acquitted of one. His presentence report mistakenly stated that he had committed both murders. A judge ordered that the mistake be […]
FEDERAL TORT CLAIMS ACT – POLICE MISCONDUCT
Martin v. United States, 145 S. Ct. 1689 (Decided June 12, 2025) Gorsuch, Justice. JUSTICE GORSUCH delivered the opinion of the Court. If federal officers raid the wrong house, causing property damage and assaulting innocent occupants, may the homeowners sue the government for damages? The answer is not as obvious as it might be. All […]
FEDERAL TORT CLAIMS ACT-INDEPENDENT CONTRACTORS
Fitch v. Valor Healthcare, 2025 U.S. Dist. LEXIS 37683, (West. Dist. Ct., of Pa. March 3, 2025) (Horan, J.) Independent contract doctors are not subject in Federal Tort Claims Act. For that reason, this case against independent contractors was dismissed with leave to amend in the event the Plaintiff could show the appropriate relationship which […]
FEDERAL TORT CLAIMS ACT-VETERANS ADMINISTRATION-WHEELCHAIR
Altomare v. United States, 2025 U.S. Dist. LEXIS 28968 (Pa. Eastern Dist. Ct., February 18, 2025) (Diamond, J.) Leonard Altomare alleges that he fell when trying to enter a Veterans Affairs facility because the United States had negligently failed to provide him with a wheelchair as soon as he arrived. Because, under the Federal Tort […]
FEDERAL TORT CLAIMS ACT-GOVERNMENT SEIZURE OF MONEY
Bah v. United States, 2024 U.S. App. LEXIS 1157 (3d Cir. January 18, 2024) (Porter, C.J.). Appellant Bah was a U.S. citizen, originally from Sierra Leone. He was stopped by police, who found that he was carrying cash. He was detained and then released, but U.S. Customs and Border Protection seized the cash. The money […]
FEDERAL TORT CLAIMS ACT-MEDICAL MALPRACTICE-INDEPENDENT CONTRACTORS
Mummert v. United States, 2023 U.S. Dist. LEXIS 190216, 2023 WL 6990480 (M.D. Pa. October 23, 2023) (Rambo, J.) Under Federal Tort Claims Act, a person must be employed by the federal government to be sued. Independent contractors cannot be sued. There is no such thing as a direct negligence against the government for breach […]
FEDERAL TORT CLAIMS ACT-CERTIFICATE OF MERIT
Wilson v. United States, 2023 U . S . App. LEXIS 21864 (August 21, 2023) (Chagares, C.J.) Marquis Wilson challenges the District Court’s grant of summary judgment to the Government in his Federal Tort Claims Act (“FTCA”) lawsuit for medical negligence. The dispositive issue here is whether Pennsylvania Rule of Civil Procedure 1042.3 (“Rule 1042.3”), […]
FEDERAL TORT CLAIMS ACT-STATUTE OF LIMITATIONS-TOLLING-DISCOVERY RULE
Shefcyk v. Temple Univ. Hosp., Inc., 2023 U.S. Dist. LEXIS 34653 (E.D. Pa. March 2, 2023) (Goldberg, J.) Plaintiff Kimberly Shefcyk alleges that Defendant Dr. Henry Su and other employees of Defendant Temple University Hospital (“Temple”) acted negligently during the February 18, 2018 birth of Plaintiff’s child, resulting in the baby’s severe, permanent brain defects. […]
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