The National Guard Tort Claims Act: Hearing Before the Subcommittee on the Constitution of the Committee on the Judiciary, United States Senate, Ninety-sixth Congress, Second Session, on S. 1858 ... April 3, 1980
U.S. Government Printing Office, 1980 - 780 páginas
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act or omission action active administrative agency agent alleged amendment amount appeal application appropriation approval arising attorney authority award body brought caused chapter civil claimant Code Commission compensation condition conduct constitutional contract corporation costs court coverage covered damages death decision defense determine district duty effective employee employment enacted exception exercise fact failure Federal filed Force function fund governmental entity highway immunity individual injury interest judgment July jurisdiction legislative legislature limitations loss means ment municipality National Guard negligence notice officer operation party payment performance person plaintiff political subdivision present procedure protection public entity pursuant reason recovery References resulting risk rules scope Senator settlement sovereign immunity statute suit supra tion Tort Claims Act tort liability United vehicle
Página 262 - Any claim based upon an act or omission of an employee of the Government, exercising due care, in the execution of a statute or regulation, whether or not such statute or regulation be valid, or based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a federal agency or an employee of the Government, whether or not the discretion involved be abused.
Página 381 - Whenever the death of a person shall be caused by wrongful act, neglect, or default, and the act, neglect, or default, is such as would (if death had not ensued,) have entitled the party injured to maintain an action and recover damages, in respect thereof, then and in every such case, the person who, or the corporation which would have been liable, if death had not ensued, shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have...
Página 381 - Be it therefore enacted, that whensoever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof...
Página 253 - States, sitting without a jury, shall have exclusive jurisdiction to hear, determine, and render judgment on any claim against the United States, for money only, accruing on and after January 1, 1945, on account of damage to or loss of property or on account of personal injury or death caused by the negligent or wrongful act or omission of any employee of the Government while acting within the scope of his office...
Página 606 - Any claim arising out of assault, battery, false imprisonment, false arrest, malicious prosecution, abuse of process, libel, slander, misrepresentation, deceit, or interference with contract rights.
Página 361 - ... damage to or loss of property or on account of personal injury or death caused by the negligent or wrongful act or omission of any employee of the Government while acting within the scope of his office or employment, under circumstances where the United States, if a private person, would be liable to the claimant for such damage, loss, injury, or death in accordance with the law of the place where the act or omission occurred.
Página 196 - Federal agency or his designee making an award pursuant to section 2672 of this title * * * may, as a part of such judgment, award, or settlement, determine and allow reasonable attorney fees, which, if the recovery is $500 or more, shall not exceed 10 per centum of the amount recovered under section 2672 of this title * * * to be paid out of but not in addition to the amount of judgment, award, or settlement recovered, to the attorneys representing the claimant.
Página 81 - Whenever Congress determines that more units and organizations are needed for the national security than are in the Regular components of the ground and Air Forces, the Army National Guard of the United States...
Página 276 - As used in this act, unless the context clearly requires otherwise, the following words and phrases shall have the meanings ascribed to them in this section: (a) "Livestock...
Página 298 - sudden and accidental" exclusion provides: "this insurance does not apply... to bodily injury or property damage arising out of the discharge, dispersal, release or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste materials or other irritants, contaminants or pollutants into or upon land, the atmosphere or any water course or body of water; but this exclusion does not apply if such discharge, dispersal, release or escape is sudden and accidental.