Newsletters

The Foreign Claims Act

The Foreign Claims Act (FCA) was enacted in 1982 in order to provide compensation to persons in foreign countries who sustain personal injuries, who die, or who sustain property damage as a result of the actions of military personnel of the United States government while the personnel are stationed overseas.

No Strict Liability for Defamation

A lawsuit for defamation has the following basic elements: (1) making a false statement (2) about a person (3) to others, and (4) actual damages (if the harm to the person is not apparent). There is a fifth element when the person is a public official or public figure. The person who made the statement has to have made it with a known or reckless disregard of the truth. This article discusses a matter related to the fifth element, the prohibition against strict liability.

Tort Law -- Financial Responsibility

Apart from legislation granting a right to sue for a specific harm, personal injury law generally consists of tort law and the civil procedure for enforcing it. Most scholars agree that tort law has four purposes: (1) compensation for damages; (2) financial responsibility; (3) deterrence; and (4) avoiding self-help. This article discusses the purpose of financial responsibility.

Fraud and Deceit

In the business world, making fraudulent or deceitful representations to others may give rise to liability. A "representation" may consist of words or conduct.

Claims against the Government

Under the legal doctrine of sovereign immunity, the government cannot be sued without its permission. Sovereign immunity protects the federal government, state and local governments, and government agencies from personal injury lawsuits. However, most governments (including the federal government) have passed laws that waive their sovereign immunity under certain circumstances.