It concerns drug makers and the issue of federal pre-emption of state tort claims.
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The FDIC can also claim sovereign immunity based on the Federal Tort Claims Act (FTCA).
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Taxpayers are burdened by excessive municipal tort claims, a significant portion of which are based on fraud.
The FDIC has three years for tort claims and six years for breach-of-contract claims to file suit from bank closure date.
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The law under which Mr Karadzic has been sued is known as the Alien Tort Claims Act, originally a part of the Judiciary Act of 1789.
After all, claims under the Alien Tort Claims Act usually end with a massive default judgment after the defendant skips the country, never to pay up.
The antitrust claims were dismissed at the summary judgment stage, and the contract and tort claims that proceeded to trial were all decided in favor of Amerisource.
Last year the U.S. State Department intervened in a Tort Claims Act suit seeking damages from ExxonMobil for work in Indonesia, warning the suit could imperil counterterrorism initiatives.
The Roberts Court is also likely to trim the sails of plaintiff lawyers who want to use the 1789 Alien Tort Claims Act to pursue 21st-century class actions, Feder said.
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By insisting that highly charged policy issues surrounding global warming should be decided in the political arena not determined by the courts the Obama administration angered environmental activists and plaintiffs lawyers who were looking to score easy victories (and large legal fees) by bringing tort claims under the public nuisance doctrine.
The force behind the abuse is the well-heeled trial lawyer lobby which claims that tort reform would hurt the average American.
Feinberg has said he plans to apply tort-law principles in weighing claims, meaning plaintiffs will have to show that their losses wouldn't have occurred but for the oil spill.
It is risible to think that the first Congress wrote the Alien Tort Statute intending to enable federal courts to adjudicate claims of war crimes committed abroad.
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It is becoming clear that rather than acting to prevent abusive claims, the asbestos trusts are effectively encouraging fraud by inhibiting claims information sharing between the trusts and the tort system.
The lawsuit seeking unspecified damages is based on several claims, but rests primarily on the Alien Tort Statute and the Torture Victim Protection Act, which open the door for the Saharkizes to sue a Finnish company for goings-on in Iran.
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But any fund that big also raises the specter of the massive fraud, fake claims, bloated legal bills and insider dealing that have marked other tort settlements.
The Alien Tort Statute, enacted as part of the Judiciary Act of 1789, permits federal courts to recognize private claims in for a limited number of international law violations.
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